Wanamassa Amusement Park Ass'n v. Clark

The opinion of the court was delivered by

Garrison, J.

Error is assigned upon a judgment of the Circuit Court. There is no bill of exceptions, and as the judgment is in common form, rendered upon a general issue to the common counts, there is nothing upon which the writ of error can operate. In such case, in the absence of a bill of exceptions, error may not be assigned- upon matter that such bill should contain, neither can the judgment below be reversed. Robbins v. Vanderbech, 26 Vroom 364.

The fact that the case was tried by the court, á jury being waived, while it alters the practice, does…