Gillespie

This is a writ of error to review a judgment of the United States Court for China in favor of the plaintiff, based on special findings of fact. The assignments of error are all based on the insufficiency of the testimony to support some of the special findings, but the findings themselves were not excepted to, and the suf.ficiency of the testimony to support them' was not challenged in the court below. On such a record it is firmly settled, if a question of practice and procedure can ever be settled, that there is no question before this court for review. In Macomber v. Goldthwaite (C. C. A.) 22 F.(2d) 638 , decided by this court as lato as November 7, 1927, we said:

“But, of the matters included in the assignments, few are before us for review, for it is thoroughly well established that, where a jury is waived and trial is had to the court, and special findings are made, in the absence of a request for special findings of fact and of exceptions reserved, based on the ground that special findings made by the court have no evidence to support them, and of exceptions to the conclusions of law drawn by the court from the facts found, the appellate court cannot review the decision of…