Gardner

This, is an action for claim and delivery brought by the government to recover certain papers and documents in the possession of John E. Gardner, the. appellant, who was formerly connected with the Immigration Service.

A jury was waived in the trial court which rendered judgment for the government. The trial court filed its findings of fact in which it expressly found that the property belonged to the United States. Much of the brief of the appellant is taken up by the discussion of whether or not the property in question constituted public records belonging to the United States. As pointed out by the appellee the question is not whether or not the papers were public records, but whether or not the papers belonged to the United States. The question, however, is not properly before us. The appellant made no motion for judgment at the conclusion of the trial and in no way raised the question of the sufficiency of the evidence to sustain the findings and judgment. Maryland Casualty Co. v. Jones (C. C. A.) 35 F.(2d) 791, 792 .

The appellant set up as a defense of res judicata the fact that case No. 17,614 in the District Court of the United States, for the same cause of action…