Delavan v. Boardman & White
New York Supreme Court
I. Hamilton moved for a mandamus to a circuit judge, that he restore to a bill of exceptions as prepared by the attorney for the defendants, certain parts of the evidence given on the dial, and certain parts of his charge to the jury, stricken out. by him on amendments proposed by the plaintiff’s attorney; and that he affix his seal to the bill thus corrected.
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I. Hamilton moved for a mandamus to a circuit judge, that he restore to a bill of exceptions as prepared by the attorney for the defendants, certain parts of the evidence given on the dial, and certain parts of his charge to the jury, stricken out. by him on amendments proposed by the plaintiff’s attorney; and that he affix his seal to the bill thus corrected. The correctness of the bill as originally prepared was fully supported by the affidavits of the counsel for the defendants, of most of the jurors who were impannelled in the cause, and of several by-standers ; which affidavits were not…
1Opinion of the Court
By the Court,
Savage, C. J.
The practice of the court in cases like the present is in the first instance to refer back the bill of exceptions or case to the judge who has settled it, that he may have an opportunity to review it. Take a rule accordingly.*
That the cour* possess the power of granting a mandamus in a case like the present, was determined in Sikes v. Ransom, 6 Johns. R. 279, on an op. plication for such writ to a court of common pleas, to amend a hill of exceptions *133according to the truth of the case. In Thurston v. Stafford, 3 Salk. 155, it was held that a bill of exceptions would…
2Cited by9 opinions
- Lloyd v. BrinckTexas Supreme Court · 1872
- Schintz v. MorrisCourt of Appeals of Texas · 1896
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Benedict v. HowellSupreme Court of New Jersey · 1877
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