Spencer v. Dodd

Opinion of the Court, by

McCully, J.

This was an action upon a promissory note. The jury was waived, and the matter heard by the Court, Mr. Justice Bickerton, who gave judgment for the plaintiff.

The defendant’s bill of exceptions was allowed, and so the matter comes before the Court. It is in substance as follows: A statement that the case came on for hearing by the Court, the jury having been expressly waived; that “upon the trial of the issues between the said parties the plaintiff offered substantially the following evidence, to wit: a report of the evidence taken; defendant prays that the…