1. Appeal — Revif.vva ble Questions — Waiver op Jury — Findings op Fact.

Where a jury lias been waived in accordance with Rev. St. § <>10, the question whether the court's íindings oí facts are supported by the evidence is not revlewable on error, for that section declares that such findings “shall have the same effect as the verdict of a jury.”

2. Attachment — Amendment op Sheriff's Return.

A sheriff's return upon a writ of attachment of personal property may be amended, by leave of court, by attaching an inventory of the property seized, where such inventory was omitted from the original return, and .there is no showing o£ intervening rights which will be prejudiced thereby. 55 Fed. 788, affirmed.

S.Telegraph Companies — Delaying Message — Suit for Damages.

A party damaged by the delay of a telegraph company in transmitting a dispatch ordering the levy of an attachment is not bound, before instituting a suit against the company, to test by suit the validity ot prior attachments obtained by other creditors in consequence of the delay.

4. Same — Evidence of Damage — Proof of Insolvency.

In proving the damages sustained by a creditor by the delay of a telegraph company in sending a dispatch ordering proceedings against ihe debt- or's goods, the insolvency of the debtor may be shown by parol evidence of information gained by inquiries made of the debtor himself.

5. Same — Evidence of Custom.

Where a telegraph company received and agreed to immediately transmit an important telegram, knowing that its wires were down at the time, and not informing the sender thereof, luid that, in a suit to recover damages, it was competent for the plaintiff to give evidence that, prior to that time, defendant, under similar circumstances, had caused messages to be transmitted by a rival company, which it did not attempt to do in this case. 55 Fed. 738, affirmed.

6. Same — Liability for Delay— ¡Stipulations against Negligence, Etc.

A telegraph company cannot be allowed, by stipulations on its message blanks against liability for delays in transmitting unrepeiilod messages arising from the negligence of its servants, or from unavoidable interruptions in the working of its lines, to relieve itself from liability in a case where it receives a message with full information of its great importance and the necessity for immediate transmission, knowing! at the time that its lines were then down, but neither informing the sender thereof, so as to give him an opportunity to send by another line, nor itself attempting to transmit the dispatch by such other line. 55 Fed. 788, affirmed.

7. Same — Limiting Recovery — Fraud.

Under such circumstances, the conduct of the company operates as a fraud upon the sender; and it cannot therefore be allowed by any stipulations in its blanks to reduce the right of recovery to the price of transmission, but it is liable for the full damages occasioned. 55 Fed. 788, affirmed.

8. Same--Interest on Damages.

Damages for delay in transmitting a telegram having been allowed to the full amount prayed for, held, that it was error to allow interest thereon from the commencement of 1iie suit.

9. Appeal — Reversal—Error Oourectuilu by Computation*.

Where the only-error is in allowing interest, the amount of which may be ascertained by computation, the judgment will not be reversed in toto, and a new trial ordered, but the court below will be directed to enter a judgment, suc-h as should have been entered in the first place.