Magarity v. Shipman
Supreme Court of Virginia
Error to judgments of circuit court of Eauquier county, rendered January 2d, 1884, in a suit wherein Jonathan Magarity was plaintiff, and John J. Shipman was defendant., The judgment was that the defendant recover of the plaintiff $1,200.10, with interest from January 1st, 1880, until paid, and his costs. To this judgment a writ of error and supersedeas was granted Magarity by one of the judges of this court.
1Opinion of the CourtLacy, J.
This is a writ of error to a judgment of the circuit coprt of Fauquier county, rendered on the 2d day of January, 1884.
*807There is no bill of exceptions in the case, there was no motion for a new trial, but the case having been referred to a referee, the proofs were taken in the form of depositions, and a report made by him, and no exception taken thereto by either party.
This case cannot be reviewed in this court; the evidence produced upon the trial can only be known by its being spread upon the record by bill of exceptions or by the certificate of the judge himself. .Unless this is done, the…
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