Monroe v. Elburt
Nebraska Supreme Court
The facts are fully stated in the opinion. In representing the defence in this case, we would state : 1st. That in order for the court to take or consider the motion for a new trial in this case, the record must show that the plaintiff excepted to the overruling of the new trial by the court below at the time that it was done, which does not appeal1. Morgan v. Boyd, 13 Ohio State Reports, 281. • 2d.
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The facts are fully stated in the opinion. In representing the defence in this case, we would state : 1st. That in order for the court to take or consider the motion for a new trial in this case, the record must show that the plaintiff excepted to the overruling of the new trial by the court below at the time that it was done, which does not appeal1. Morgan v. Boyd, 13 Ohio State Reports, 281. • 2d. That in order that the court consider any of the supposed errors that took place during the proceeding of this cause in the court below, it must appear that the said plaintiff, at the time each…
1Opinion of the CourtLake, J.
*175TMs case was tried in the District Court while we Were yet a territory.
The supposed errors consist in the refusal of the court below to give certain instructions asked by the defendant, as well as those actually given to the jury upon the trial.
It is objected on the part of the defendants in error, that this court eannot consider the alleged errors for the reason that the record discloses the fact, that the bill of exceptions was not reduced to writing and signed by the presiding judge during the term at which the trial took place.
To make exceptions to the charge of the court to the jury…
2Cases cited1 opinion
- Vairin v. Canal InsuranceOhio Supreme Court · 1840
3Cited by4 opinions
- Heady v. FishburnNebraska Supreme Court · 1874
- City of Seward v. KlenkNebraska Supreme Court · 1889
- Hanscom v. LantryNebraska Supreme Court · 1896
- State ex rel. Marrow v. AmbroseNebraska Supreme Court · 1896