Murphy v. Flood

The opinion of the court was delivered January 7, 1854, by

Lewis, J.

— The Statute of 13 Edward I., chap. 31, gives a bill of exceptions where a party is “ impleaded,” and it was decided more than forty years ago, that the statute does not extend to “ the opinion of the court, in receiving or rejecting evidence upon motions for summary relief.” It may be taken “ on the trial of an issue before a jury,” but it will not lie to every opinion of the court. The evidence taken on a motion for summary relief is, therefore, not judicially before a court of error, *412and cannot be brought there, even if a…