Foot v. Sabin
New York Supreme Court
IN ERROR to the Court of Common Pleas of Franklin , COUnty. The declaration in the Court below contained three counts. The first was on a promissory note alleged to have been made by Lemuel Holmes, Abel Wilson, and William B. Foot, in the usual form, for 450 dollars, dated September 10, 18Í6, payable in June after date, with interest.
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IN ERROR to the Court of Common Pleas of Franklin , COUnty. The declaration in the Court below contained three counts. The first was on a promissory note alleged to have been made by Lemuel Holmes, Abel Wilson, and William B. Foot, in the usual form, for 450 dollars, dated September 10, 18Í6, payable in June after date, with interest. The second count set forth the making of a note of the same date and amount, and payable in the same manner, and as having been made by Lemuel Holmes, and by Abel Wilson, and William B. Foot, they, Wilson and Foot, then and there being pur. chasers and joint…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. I cannot consider the facts spread upon the record subsequent to the attestation of the judges to the exceptions taken by the defendants below, as legally before us. We find these facts on the record, but they are placed there by the plaintiff’sattorney, in making up his judgment roll, without the apparent sanction of the Court below. It is the business of a Court of errors to review the points decided in the Court below, and as to which, exceptions are taken, and not such matters of evidence as are not excepted to. When the plaintiff rested…
2Cited by21 opinions
- Smith v. . WestonNew York Court of Appeals · 1899
- Crosthwait v. RossTennessee Supreme Court · 1839
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
- Rollins v. StevensSupreme Judicial Court of Maine · 1850
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