Stewart v. Hawley & Bartholomew
New York Supreme Court
A. Stewart, the plaintiff in person, moved to incorporate the case made in this cause into the record as a bill of exceptions, in order that he might review upon writ of error the decision at the circuit, which was sustained by this court.
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A. Stewart, the plaintiff in person, moved to incorporate the case made in this cause into the record as a bill of exceptions, in order that he might review upon writ of error the decision at the circuit, which was sustained by this court. The plaintiff was nonsuited at the Oneida circuit, in April, 1839, on a point of law; and counsel took an exception in such form as entitled him, according to the statute and rules of this court, to draw out a bill in form, and have it signed and sealed. The attorney for both parties then stipulated for thirty days time in which the plaintiff should prepare…
1Opinion of the Court
By the Court,
Cowen, J.
By the revised statutes, 2 R. S. 342, 2d ed. the party, in order to entitle himself to a bill of exceptions, must make his exception at the trial of the cause, at the time when the decision is made. The exception must be taken in writing, but the court may allow time to put it in form. <§> 74, 75. If the truth be fairly stated, the court is bound to sign and seal the statement, >§> 76, 77. If it refuses to do so, when the statement is true, the court before whom the writ of error is brought, or which shall have authority to decide on the bill when returned to them, *563may…
2Cited by2 opinions
- Read v. . FrenchNew York Court of Appeals · 1863
- Smith v. CaswellNew York Supreme Court · 1850