Janeway v. Holston

• Decision Date: 21 April 1890
• Parties: JANEWAY v. HOLSTON.
• Court: Oregon Supreme Court

23 P. 850

19 Or. 97

JANEWAY v. HOLSTON.

Supreme Court of Oregon

April 21, 1890

Appeal from circuit court, Multnomah county; E.D. SHATTUCK, Judge.

(Syllabus by the Court.)

The stenographic notes taken at the trial of a cause transcribed in full, and copies in the record, and signed by the trial judge, to which are prefixed a statement calling it a "bill of exceptions," and the further statement that "the following exceptions will be relied upon by the defendant," followed by a reference to the testimony of sundry witnesses, giving the page, all the cross-examination of a certain witness on a particular subject, all the testimony introduced on the part of the defendant, charge of the court to the jury, giving pages and certain lines, do not constitute a bill of exceptions, or present anything for review on appeal.

W.H Adams, Grant Manguam, and Ed. Mendenhall, for appellant.

Glarin & Gilbert, for respondent.

STRAHAN, J.

This is an action for malicious prosecution, in which the plaintiff recovered a judgment for $200 damages, from which the defendant appeals. The complaint states a cause of action and the verdict and judgment are in due form; but the appellant seeks a reversal on the ground of alleged errors accruing at the trial. For these, our attention is invited to an alleged bill of exceptions. This paper consists of the stenographic report of the entire trial, prefixed to which is the following, after entitling the cause:

"BILL OF EXCEPTIONS.

"The following constitutes the bill of exceptions in the above-entitled case, and the following exceptions will be relied upon by the defendant, to-wit:

"Testimony of J.T. Smith, page 20 'a.'

"Testimony of A.T. Howarth, page 22 'a.'

"Testimony of A.M. Hoskins, page 24 'a.'

"Testimony of Wm. McCollum, page 26 'a.'

"Testimony of George Aboret, page 29 'a.'

"Testimony of Chas. Moore, page 30 'a.'

"Testimony of B. Janeway, page 12 'a.'

"Pages 10, 11, 12. All of cross-examination as to what witness was worth when he signed bail-bond. All of the testimony introduced on the part of the defendant. Charges of the court to the jury, page 64 'a,' 'b,' 'c,' 'd.' "

The reporter's notes contain ample material from which a bill of exceptions might have been constructed, but the wildest liberty in the use of language cannot torture this writing into one. Section 230, Hill's Code, defines an exception and section 231 points out the method of making the...