Manning v. City of Lowell

We are by no means certain that the construction which we put upon the bill of exceptions in this case may not do injustice either to the judge who tried the cause or to one of the parties. Inasmuch, however, as the result at which we have arrived leads only to the re-trial of the cause, any misapprehension under which we may labor can be corrected in a subsequent trial.

The form of statement which raises the doubt as to the correctness of our interpretation is not to be commended. When, as is frequently the case now, the law and the fact are to be passed upon by the same tribunal, it becomes…