Bowen v. Howenstein
Bowen v. Howenstein
Opinion of the Court
delivered tbe opionion of tbe Court:
As is usual, there is one general bill containing a record of exceptions noted to tbe admission and exclusion of evidence, and a final one to tbe instruction of tbe jury to return a verdict for tbe defendant. Tbe last exception necessitates a presentation of tbe substance of all tbe evidence in order to be available; but in such case care should be observed to condense tbe recital as far as practicable. We have frequently called attention to tbe violation of tbe letter and spirit of tbe rule in bills of exceptions, and have warned counsel that tbe court will of its own motion decline to consider one that is palpably violative of tbe rule. Tbe rule has been chiefly disregarded in embodying tbe notes of
We think it proper to say that when one general bill of exceptions embodies, as in this case, not only special exceptions to rulings of the court on the introduction of evidence, but also to the direction of a verdict, some of which exceptions may be properly presented and others not, the motion to strike out should point out the particular grounds of objection.
The motion to dismiss the appeal is denied.
Motion denied.
Reference
- Full Case Name
- BOWEN v. HOWENSTEIN
- Status
- Published
- Syllabus
- Appeal and Ebrob; Bill oe Exceptions. 1. The court may, of its own motion, decline to consider a bill of exceptions which palpably violates rule 5, ¶ 4, by unnecessarily including remarks of the court or of counsel, or by giving questions and answers, instead of condensing the evidence into narrative form, unless exceptional conditions render question and answer important to the elucidation of a particular circumstance. (Citing Capital Traction Co. v. Crump, 35 App. D. C. 174.) 2. An appeal cannot be dismissed for want of a proper bill of exceptions, since it is a matter of right under the law, notwithstanding that it may be of no avail if the bill of exceptions be stricken out for want of compliance with the rule. (Following Raymond v. United States, 26 App. I>. C. 250-256.) 3. Unnecessary parts of a bill of exceptions which do not embody exceptions reserved to rulings of the court on the admission or exclusion of evidence will be stricken out on motion, but if no such motion is made, the court will exercise its discretion when it comes to consider such portions of the bill as present the sufficiency of the evidence to warrant submission of the case to the jury. 4. If one general bill of exceptions embodies not only special exceptions to rulings of the court on the introduction of evidence, but also to the direction of -a verdict, some of which exceptions may be properly presented and others not, the motion to strike out should point out the particular grounds of objection.