Morse v. Evans
New York Supreme Court
This action was tried at the Erie circuit in April 1851, before the late Mr. Justice Sill. The plaintiff had a verdict. The defendant’s attorney, within the time allowed for that.purpose, prepared and served a bill of exceptions to which amendments were proposed. Notice of settlement was given, but before the settlement could be had, Judge Sill died.
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This action was tried at the Erie circuit in April 1851, before the late Mr. Justice Sill. The plaintiff had a verdict. The defendant’s attorney, within the time allowed for that.purpose, prepared and served a bill of exceptions to which amendments were proposed. Notice of settlement was given, but before the settlement could be had, Judge Sill died. Upon these facts the defendant moved for an order directing the bill of exceptions to be settled in such manner as to the court should seem proper, or for such other relief in the premises as the court should think proper to grant
1Opinion of the Court
Harris, Justice.
I do not think it is in the power of the court to grant the defendant the specific relief he seeks. It is an essential element in a bill of exceptions that it should be signed and sealed by the judge or court to whose decisions the exceptions are taken. The court have no power to dispense with this requisite, or to substitute any thing else in the place of it (2 R. S. 422, § 75, 76, 77, 78; Radcliff vs. Rhan, 5 Denio, 234; Law vs. Jackson, 8 Cow. 746).
But I think the defendant presents a case which entitles him to such relief as the court is able to afford. I can see no…
2Cases cited2 opinions
- Law v. Jackson ex dem. LansingCourt for the Trial of Impeachments and Correction of Errors · 1826
- Radcliff v. RhanNew York Supreme Court · 1848
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