United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Bradstreet, 29 U.S. 4 Pet. 102 102 (1830)

Ex Parte Bradstreet

29 U.S. (4 Pet.) 102

ON APPLICATION FOR

RULE TO SHOW CAUSE

A rule had been granted on the district judge of the Northern District of New York to show cause why he did not sign a bill of exceptions in a case tried before him. The Court said that on the day of the return of the rule, the district judge has a right to show cause, whether the person who obtained the rule moves or not. He has a right to have the rule disposed of.

On the trial of a cause in the District Court of the United States for the Northern District of New York, exceptions were taken to opinions of the court delivered in the course of the trial, and sometime after the trial was over, a bill of exceptions was tendered to the district judge which he refused to sign, objecting to some of the matters stated in the same, and at the same time altering the bill then tendered, so as to conform to his recollection of the facts of the case, and inserting in the bill all that he deemed proper to be contained in the same; which bill of exceptions, thus altered, was signed by the fudge. On the motion of the party who had tendered the bill of exceptions, a rule was granted on the district judge to show cause why he did not sign the bill of exceptions as first tendered to him. To this rule the judge returned his reasons for refusing to sign the bill so tendered and stating that he had signed such a bill of exceptions as he considered correct.

By the court: