Bridges v. Kuykendall & Brother
Mississippi Supreme Court
Motion in Supreme Court. On the 6th of May, 1879, a judgment was rendered in the Circuit Court of Tallahatchie County against the defendants in this case, who took an appeal therefrom. On the same day a motion for a new trial was overruled, and leave was given the appellants to prepare a bill of exceptions within sixty days thereafter.
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Motion in Supreme Court. On the 6th of May, 1879, a judgment was rendered in the Circuit Court of Tallahatchie County against the defendants in this case, who took an appeal therefrom. On the same day a motion for a new trial was overruled, and leave was given the appellants to prepare a bill of exceptions within sixty days thereafter. Ou the 18th of June, 1879, the judge signed -what was intended for a bill of exceptions, and it was incorporated in the record sent to this court. As contained in the record, it failed to show that any exception was taken to the action of the court in reference…
1Opinion of the CourtCampbell, J.
A bill of exceptions, when signed and delivered by the judge, is a part of the record of the case in which it is taken, and, like any other part of the record in the cause, is not subject to alteration or amendment by the judge at his pleasure. If it is wrong when it is made part of the record in the cause, it must remain so, for no authority exists for its correction, either by this court or by the judge who signed it. Bank v. Kinsey, 5 Ala. 9 ; Kitchen v. Moye, 17 Ala. 394 ; The People v. Romero, 18 Cal. 89 ; Heard v. Heard, 8 Ga. 380; Georgia v. Powers, 14 Ga. 388; Hamilton v. Burch, 28…
2Cases cited8 opinions
- People v. RomeroCalifornia Supreme Court · 1861
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
- Hamilton v. BurchIndiana Supreme Court · 1867
- Givens v. BradleyCourt of Appeals of Kentucky · 1813
- Kitchen v. MoyeSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
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- Dreyfus v. CageMississippi Supreme Court · 1885