Chetkovich

This suit was brought to recover on a war risk insurance policy. -The appeal is brought here without any exceptions having been taken to rulings of the trial judge, as to which érror is now claimed. The verdict of the jury was in favor of the United States on the evidence. The appellant at the trial and subsequent proceedings was represented by several counsel, and it is difficult to understand why the record was left in such an imperfect condition. Other counsel resident in San Francisco appeared when the case was called on this court’s calendar, they having been requested so to do by appellant’s Montana attorneys. It should be noted that the counsel of record on this appeal did not represent appellant at the trial.

It is conceded that the rule is, that where no exceptions have been reserved in the trial *27 court, this court has nu duty to examine into the matter of errors claimed. It was earnestly insisted, at the oral argument, that there were errors committed by tbe trial judge of such a grave nature as to have worked a miscarriage of justice in relation to tho appellant’s case, and that such errors warrant the appellant in asking the court to treat this as an exceptional…