Gove v. Crosby

The defendant argues that since the plaintiff took no exceptions during or after the trial except to file his bill of exceptions, no issues are before this court. Nixon v. Cooper, 97 N. H. 327. While it is true as a general rule that exceptions not previously saved cannot be relied upon here, the rule has often been relaxed, particularly in court cases where the hearing was designed to secure a ruling on a single question, as the case here (Eastman v. Waisman, 94 N. H. 253), or where questions of law are apparent from the face of the record. McPhee v. Colburn, 98 N. H. 406. Since an…