Nicholson v. Karpe
Nicholson v. Karpe
Opinion of the Court
delivered the opinion of the court.
"Where a case in the Circuit Court is submitted to the judge without a jury, a general bill of exceptions, embodying all the testimony, may be taken to his judgment, which will be considered by this court although no motion for a new trial is made or acted upon in the court. The statute (Code 1871, sect. 651) authorizes, but does not require, the making of such motion.
The mules and horses sued for were described in the trust-deed through which plaintiff derives title, by color, sex, and name. This was certainly sufficient.
The wagon was described as “one four-horse iron-axle wagon,” without designation of ownership or location, or
Reference
- Full Case Name
- Gansey Nicholson v. Eugene Karpe, Trustee
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Practice. Trial by circuit judge. Bill of exceptions, without motion for new trial. Whore, under the Code of 1871, a case in the Circuit Court is submitted to the judge without a jury, a general bill of exceptions, embodying all of the evidence, to his judgment will be considered by this court although there be no motion for a new trial, such motion not being required, but only authorized by the statute, sect. 651. 2. Deed oe Trust. Description of personal property. A description of horses and mules conveyed in a deed of trust, by color, sex, and name is good. But the description of a wagon as “ o.ne four-horse iron-axle wagon,” without designation of ownership or location, or other description, is not sufficient where there are several grantors in the deed.