The Kentucky Law Reporter; A Monthly Magazine, Devoted to the Interests of the Legal Profession at Large and Particularly of the Kentucky Bar Volume 7 Book PDF, ePub eBook

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Book Descriptions:
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...to the preparation of the bill of exceptions with a view of presenting the exceptions in a proper form to this court, and when coming here with the signature of the judge and nothing to show an omission from the record of a part of the evidence or a part of the instructions (when all should be embodied in the bill), the bill will be regarded as in compliance with the provisions of the Code. Under the former practice cases can be found where bills of exception have been excluded on extremely technical grounds by adhering to the very letter of the Code, when the court, too, upon an inspection of the record, must have been satisfied that the bill was complete. Those decisions proceeded upon the idea that it must affirm-atively appear that the bill contained all the evidence or all the instructions, when the signature of the trial court, whe there record failed to show any omission of the evidence or instructions, was all that should have been required. The bill of exceptions in this case appearing to be complete there is no reason for disregarding it. In this case it appears from the bill that when giving instruction N0. 2 by the court on its own motion I/ze dz'f¢wa'an/s excepted, and when refusing to give instruction No. 6 I/12 defendant: excepted. Afiidavits of counsel appear in the record showing that these exceptions were not taken as they appear in the bill, and were not reserved until after the trial. These affidavits will not be considered as destroying the verity of the record when certified by the court below to be proper. The truth of what the judge states or certifies as the bill of evidence may be controverted by the afifidavit of by-standers in the form of a bill of evidence, but when he certifies as to his own rulings and...

The Kentucky Law Reporter; A Monthly Magazine, Devoted to the Interests of the Legal Profession at Large and Particularly of the Kentucky Bar Volume 7 by Kentucky. Court of Appeals

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