Weathers v. Doster
Weathers v. Doster
Opinion of the Court
In Wolverton vs. Hart & Co. (7 Sergt. & Rawle, 277,) Justice Gibson, after some very pertinent remarks, says: “ For reasons like these, I regret a practice too frequent in the Common Pleas, of stating the exception generally, without specifying tho grounds on which it is urged. In such a caso, as we cannot judicially know tho precise point the Court was called on to decido, we are obliged to let in any objection that can be raised on the face of the record; and hence I have frequently been obliged to consent to reverse on points that I had every reason to believe were never made below. No Judge ought, in justice to his own reputation as a lawyer, or to the rights of suitors, to allow any bill of exceptions which does not contain the very point decided and nothing else.”
Let the writ be dismissed.
Reference
- Full Case Name
- Daniel Weathers and others, in error v. James Doster
- Status
- Published