Spinney v. Allen

“It appeared in evidence” begins the first sentence of the second paragraph of the bill of exceptions in this case. The bill was filed by the counsel for the plaintiff, agreed to by the counsel for the defendant, and then allowed by the trial court judge.

The expression “appeared in evidence,” standing alone in a bill of exceptions, does not express the same thing as “there was evidence tending to prove,” or “the evidence on the point was conflicting,” or similar statement.

Unqualified it is to be construed as meaning that the facts were undisputed or admitted. Neal v. Sherber, 207 Mass., 323.

In…