Five Mile Beach Lumber Co. v. Friday

The opinion of the court was delivered by

Swayze, J.

After a trial of this case in the Cape May Circuit, the defendant obtained a rule for a new trial, reserving exceptions. Upon the argument the plaintiff learned *176that the only reasons relied upon were the alleged errors covered hy the exceptions that had been reserved. Thereupon the plaintiff, relying upon the decision of this court in Holler v. Ross, 38 Vroom 60, moved to dismiss the rule. Instead of granting the motion the court amended the rule by eliminating the reservation of exceptions, the benefit of which the defendant waived, and then…