United States Supreme Court Cases & Opinions

U.S. Supreme Court

Phelps v. Mayer, 56 U.S. 15 How. 160 160 (1853)

Phelps v. Mayer

56 U.S. (15 How.) 160

Syllabus

In order to make a bill of exceptions valid, it must appear by the transcript not only that the instructions were given or refused at the trial, but also that the party who complains of them excepted to them while the jury was at the bar.

The bill of exceptions need not be drawn out in form and signed before the jury retires, but it must be taken in open court and must appear by the certificate of the judge who authenticates it to have been so taken.

Hence, when the verdict was rendered on the 13th December and on the next day the plaintiff came into court and filed his exception, it is not properly before this Court. And no error being assigned or appearing in the other proceedings, the judgment of the circuit court must be affirmed with costs.

It is not necessary to state either the facts or arguments of the case, inasmuch as it went off upon a point of practice.