Lalonde v. Collins
Lalonde v. Collins
Opinion of the Court
By the Court,
This case is not presented in such manner as will authorize or require this court to consider the question as to whether or no error did in fact occur at and during the trial below. The only exception which appears in the record and bill of exceptions is that excepting to the ruling of the court in denying the motion of defendant for a new trial, which said motion was based on the fol
But this exception will not avail the plaintiff in error anything, inasmuch as the record utterly fails to show that any error of laxo occurred at the trial which xvas excepted to. It may have been an oversight in the party excepting; hut it is nevertheless the fact as the case is brought before this court. When a party desires to save exceptions, the record must in some way affirmatively show that they have been duly taken; otherwise they will he regarded as waived.
The judgment of the district court will he affirmed.
Reference
- Full Case Name
- John B. Lalonde v. Robert L. Collins
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Record: Exceptions. — Where error is alleged to have occurred, on the trial of a cause in an inferior Court, and such error is relied upon as grounds’ for the reversal of judgment therein, the record in such cause, or the bill of exceptions, if there be such bill, must show affirmatively, that the matters and things so alleged to have been erroneous were duly excepted to, otherwise this court will not consider the question, as to whether they were so or not. 2. Id : Waiver. — In such a case a failure to save the exceptions by having them noted in the proceedings, or by a bill of exceptions, will beheld as a waiver thereof.*