Radcliff v. Rhan
New York Supreme Court
Error to the Erie common pleas. The errors relied upon consisted in certain rulings of the court and in its charge to the jury. These were stated in a paper annexed to the record, being a narative of the trial drawn up in the form of a bill of exceptions. It is not certified to be a copy of a bill of exceptions, nor is there any signature attached to it.
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Error to the Erie common pleas. The errors relied upon consisted in certain rulings of the court and in its charge to the jury. These were stated in a paper annexed to the record, being a narative of the trial drawn up in the form of a bill of exceptions. It is not certified to be a copy of a bill of exceptions, nor is there any signature attached to it. It concludes. however, with a sentence, as follows: “ The defendant tendered this his bill of exceptions, which is hereupon signed and sealed by the said first judge of the said court of common pleas.” On the opening of the argument,
1Opinion of the Court
By the Court, Beardsley, C. J.
Exceptions,» although duly taken and written down, are of no avail until signed and sealed. (2 R. S. 422, §§ 73, 75.) By the statute, a bill of exceptions, when taken in a court of common pleas, is to be filed with the clerk of such court and returned by him on a writ of error when sued out, with his certificate that the bill was signed by the judge or judges whose names are subscribed thereto. (Id. p. 423, §§ 77, 78.) The error book should contain a true copy of the record and the bill of exceptions including the signatures. On the argument the error book must…
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