The Onondaga County Mutual Insurance Company v. . Minard
New York Court of Appeals
In 1841, the Onondaga County Mutual Insurance Company recovered judgment in the common pleas of that county, against Isaac T. Minard and Clarence S. Bailey, upon a bond executed by Bailey as principal and Minard as surety, the con-' dition of which was, that Bailey should faithfully discharge his duties as travelling agent of said company, and should faithfully account for, and pay over to 1he company, all moneys which he should receive, belonging to them.
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In 1841, the Onondaga County Mutual Insurance Company recovered judgment in the common pleas of that county, against Isaac T. Minard and Clarence S. Bailey, upon a bond executed by Bailey as principal and Minard as surety, the con-' dition of which was, that Bailey should faithfully discharge his duties as travelling agent of said company, and should faithfully account for, and pay over to 1he company, all moneys which he should receive, belonging to them. In May, 1844, the insurance company commenced" this action in the common pleas, by scire facias, pursuant to the statute, for the purpose…
1Opinion of the Court
’Wright, J.
delivered the opinion of the court. That which is incorporated, in the record as a bill of exceptions is anything else than that, when tested by the statute and the uniform practice of the courts since bills of exceptions have been allowed. A bill of exceptions can be taken only at the trial of a cause ; and the right "is derived from the statute. At common law there was no mode of reviewing objections to the ruling of the court or the judge on the trial of the cause before the jury. The practice originated under the statute of West. 2, (13 Ed. 1, ch. 31;) which statute was in…
2Cases cited1 opinion
- People v. DaltonNew York Supreme Court · 1836
3Cited by3 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- Gunther v. Liverpool & London & Globe Ins.U.S. Circuit Court for the District of Eastern New York · 1888