Smith v. Caswell

GRIDLEY, Justice.

This cause was tried at a circuit held in Herkimer county; and on the trial, a verdict was taken subject to the opinion of the court on a case to be made. _ The court having at the last general term ordered judgment for the defendant, the plaintiff now moves for leave to *287turn the case into a bill of exceptions, for the purpose of reviewing the judgment of the Supreme Court in the Court of Appeals.

It appears that no stipulation was entered into by the parties that this right should be reserved; nor did it make a part of the order or entry of the verdict. The question,…