 | United States. Supreme Court - 1807 - 542 páginas
...that time. The plaintiff had three years to bring his action, after removal into Virginia. The writ is no part of the record, unless made so by a bill of exceptions, and it is not staled when the action was brought. Swann, contra. The act of limitation begins to run... | |
 | Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1808 - 662 páginas
...85. J l RECORD. <• 1. An affidavit, filed in support of a * motion for a continuance, is not a J part of the record, unless made < so by a bill of exceptions. land v. Sugg.— .374. 2. See VKHDICT, No. 11. GarREINSTATING INJUNCTIONS S See PRACTICE, No. 18. RELEASE.... | |
 | Nathan Dane - 1824 - 620 páginas
...it, than by testimony on the stand. An affidavit filed to support a motion for continuance denied, is no part of the record, unless made so by a bill of of exceptions. v. 2. It is proper to consider depositions and affidavits on i Hen. tM. these accounts... | |
 | Wisconsin. Supreme Court, Thomas Pendleton Burnett - 1844 - 252 páginas
...errof : There is no error in the record of this case. The motion and affidavit in support of it, are no part of the record, unless made so by a bill of exceptions, and this Court cannot notice them in any way. This is the established doctrine and practice of the... | |
 | Arkansas. Supreme Court - 1872 - 752 páginas
...part of the recerd. In Pirani v. Borden, 5 Ark., 89, it was held that the bond in a replevin suit was no part of the record unless made so by a bill of exceptions. In Cox v. Garven, 6 Ark., 431, it was held that a bond for costs constituted no part of the record... | |
 | Florida. Supreme Court - 1855 - 834 páginas
...facts which constitutes the evidence in a case, cannot be regarded as a special verdict, and forms no part of the record unless made so by a bill of exceptions." And in that of Mitchell's Admr. vs. Byrd & Gunn, 2 English's Reps., 408, it was held that "unless the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1856 - 614 páginas
...but no exception was M 1 1 s r. taken to the ruling of the Court ; and " a plea rejected on motion is no part of the record, unless made so by a bill of exceptions." Henderson v. Reed, 1 Blackf. 347. Hence the second plea is not properly before us. The fifth plea avers,... | |
 | Illinois. Supreme Court - 1909 - 726 páginas
...reference either to the application for a change of venue or the motion for a continuance. Such motions are no part of the record unless made so by a bill of exceptions. (McElwee v. People, 77 111. 493 ; Chicago and Eastern Illinois Railroad Co. v. Goyette, 133 id. 21.)... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1862 - 622 páginas
...constitute any part of the record of the suit for use and occupation. An affidavit for a continuance constitutes no part of the record, unless made so by a bill of exceptions. The land, for the use and occupation of which an action was brought, was described in the complaint... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1866 - 626 páginas
...of the foreman of the grand jury upon an indictment returned into court as "a true bill," is not a part of the record, unless made so by a bill of exceptions. Bowe v. The State 415 11. SAME — The transcript on an appeal from a judgment in a prosecution for... | |
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Hence, as the evidence taken upon the trial of the cause is no part of the record, unless made so by a bill of exceptions... 
