Dreyfus v. Cage
Mississippi Supreme Court
Motion in Supreme Court. When the transcript in this case was filed in this court, the appellants showed in their sworn petition that exceptions were taken in writing to rulings of the lower court at the time of the occurrences and tendered to the judge, and while the jury were still in the box were embodied in a bill of exceptions which was tendered before argument began; but the judge, after six days, signed a different bill made out by appellee’s counsel, and in…
Read the full summary
Motion in Supreme Court. When the transcript in this case was filed in this court, the appellants showed in their sworn petition that exceptions were taken in writing to rulings of the lower court at the time of the occurrences and tendered to the judge, and while the jury were still in the box were embodied in a bill of exceptions which was tendered before argument began; but the judge, after six days, signed a different bill made out by appellee’s counsel, and in transferring the exceptions the language of the objections and exceptions was altered, so that some of the points were lost; and…
1Opinion of the CourtCampbell, C. J.
Bills of exception are regulated by statute §§ 1715-1718 of the code. Two kinds are provided for, viz.: To any ruling of the court made before the jury retire from the box, and to overruling motions for new trial. By § 1715 the party aggrieved by any decision of the court may tender to the judge a bill of exceptions to his opinion, stating therein the matters of law wherein he is supposed to err, and the judge shall be bound to sign the same, and the bill of exceptions so signed shall be made and considered a part of the record in the cause. Being a part of the record, it is not within the…
2Cases cited1 opinion
- Bridges v. Kuykendall & BrotherMississippi Supreme Court · 1881
3Cited by3 opinions
- Warnock Insurance Agency v. Peterson Real Estate Investment Co.Utah Supreme Court · 1909
- Archer v. StateMississippi Supreme Court · 1925
- Tatum v. StateMississippi Supreme Court · 1936