Whiteside v. Jackson
New York Supreme Court
Error from the Monroe common pleas. This is a writ of error, brought to reverse a judgment rendered in the Monroe common pleas, "in an action of ejectment, in the name of James Jackson, on the demise of William W. Mum ford, against Whiteside and McGee. The demise in the declaration was laid on the 1st July, 1826. The suit was commenced in June, 1827, and the cause tried in October of the same year.
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Error from the Monroe common pleas. This is a writ of error, brought to reverse a judgment rendered in the Monroe common pleas, "in an action of ejectment, in the name of James Jackson, on the demise of William W. Mum ford, against Whiteside and McGee. The demise in the declaration was laid on the 1st July, 1826. The suit was commenced in June, 1827, and the cause tried in October of the same year. The plaintiff proved by one Joseph Field, that in the summer of 1826, in the month of July or August, but possibly in the month of June, (as stated by the witness,) that he, Field, and one Derick…
1Opinion of the Court
*421By the Court,
Woodworth, J.
It is well settled, that on a bill of exceptions, the party excepting is confined to the point or points excepted to. Although all the evidence given at the trial may be contained in the bill, the court cannot take notice of any matter that is not specifically stated as a ground of exception. It is urged, in this case, that the contract was subsequent. to the time of the demise, or, at all events, the time allowed to the defendant to make the first payment was subsequent; that it does not appear that any evidence was given against McGee, one of the defendants, and…
2Cited by35 opinions
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- Gregg v. Von PhulSupreme Court of the United States · 1864
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