HANAWAY et al. v. GUARANTEE SAVINGS, LOAN & INVESTMENT CO.

HANAWAY et al. v. GUARANTEE SAVINGS, LOAN & INVESTMENT CO. (Circuit Court of Appeals, Fifth Circuit. March 13, 1906. Rehearing Denied April 6, 1906.) No. 1,519. Writ of Error—Record—Questions Reviewable. Where an application for new trial was based on matters of fact aliunde the record, and on alleged errors not incorporated in the record by any bill of exceptions seasonably taken, the question whether plaintiff in error is entitled to a new trial on the grounds alleged is not open to review. [Ed. Note.—For cases in point, see vol. 3, Cent. Dig, Appeal and Error, § 2416.] In Error to the Circuit Court of the United States for the Northern District of Texas. Jas. E. Cockrell and Edward Gray, for plaintiffs in error. Lewis M. Dabney, for defendant in error. Before PARDEE, McCORMICK, and SHELBY, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. A majority of the judges find that the only question presented for review on this writ is whether or not the plaintiff in error is entitled to have a new trial on the grounds alleged in the motion filed in the court below. The application for a new -trial was based upon matters of fact aliunde the record, and upon alleged errors on the trial not incorporated in the record by any bili of exception seasonably taken on the trial. The question presented is not open to review in this court. See Henderson v. Moore, 5 Cranch, 11, 3 L. Ed. 22; Wilson v. Everett, 139 U. S. 616, 11 Sup. Ct. 664, 35 L. Ed. 286; Ætna Life Ins. Co. v. Ward, 140 U. S. 91, 11 Sup. Ct. 730, 35 L. Ed. 371; Moore v. United States, 150 U. S. 61, 14 Sup. Ct. 26, 37 L. Ed. 996. Judgment affirmed.