Bond v. Baldwin
Supreme Court of Georgia
Claim, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. In this case the defendant in error joined issue, with a protestation, because the writ of Ji.fa. given in evidence in the trial of the cause, was not copied in the hill of exceptions; and, also, that certain documentary testimony which was given in evidence in the trial below, did not appear in the hill of exceptions.
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Claim, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. In this case the defendant in error joined issue, with a protestation, because the writ of Ji.fa. given in evidence in the trial of the cause, was not copied in the hill of exceptions; and, also, that certain documentary testimony which was given in evidence in the trial below, did not appear in the hill of exceptions. The Court held, that the record and bill of exceptions cpntained sufficient to enable them to decide the points made, and the errors assigned. A fi. fa. issued in 1842, in favor of Moses H. Baldwin…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Issue was joined in this case with a protest. In the pro*13test, it is assumed that no question can be considered by this Court, that is not raised on the rule nisi for a new trial. We recognize the correctness of this assumption, and will pass upon no point, made in the bill of exceptions, that is not made in the rule, and for the following reasons: A new trial was moved in this case and refused by the Court. The bill excepts to this decision, and error is claimed to have been committed, and is assigned upon all the grounds specified in the…
2Cases cited4 opinions
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
- Legatees of Horn v. GraysonSupreme Court of Alabama · 1838
- Goldsby v. GentleIndiana Supreme Court · 1840
- Pendleton v. United StatesU.S. Circuit Court for the District of Virginia · 1822
3Cited by6 opinions
- Fluker v. StateSupreme Court of Georgia · 1937
- Adams v. DicksonSupreme Court of Georgia · 1884
- Horne v. Guiser Manufacturing Co.Supreme Court of Georgia · 1885
- Massee v. ParrottCourt of Appeals of Georgia · 1922
- Sosnowski v. RapeSupreme Court of Georgia · 1882
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