Davis v. Littel
| Decision Date | 18 June 1900 |
| Citation | 64 N.J.L. 595,46 A. 631 |
| Parties | DAVIS v. LITTEL. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to circuit court, Morris county.
Action by Christopher G. Davis against Violet M. Littel. From an order refusing nonsuit or directed verdict, defendant brings error. Affirmed.
Malcolm MaeLear, for plaintiff in error. J. H. Neighbor, for defendant in error.
GARRISON, J.Error is assigned upon a refusal of the circuit court to order a nonsuit, and upon a like refusal to direct, a verdict for the defendant. The printed "case" furnished to the court fails to show that any bill of exceptions was signed by the trial court
In Bobbins v. Vanderbeck, 55 N. J. Law, 364, 29 Atl. 919, this court said that, in the absence of a bill of exceptions, error cannot be assigned upon matter that such bill should contain; neither can the Judgment below be reversed. Ancillary to this decision is the resolution of this court that no assignment of error will be deemed to be before it under a bill of exceptions where the printed "case" furnished to the members of the court does not contain a copy of such bill of exceptions, duly signed. When a bill of exceptions has, in point of fact, been signed, and returned with the writ of error, but through inadvertence has not been printed, counsel may obtain leave to furnish printed copies to the court; but where the "case" furnished the court is defective in this particular, the court will not look beyond it in order to supply, if possible. its omissions aliunde. In such case the practice has been to affirm the judgment below. The judgment brought up by this writ of error is affirmed.
To continue reading
Request your trial