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1 Wright 355

Hosmer v. Williams

Ohio Supreme Court

Decided August 15, 1883

Ohio Supreme Court · decided 1883-08-15

<p>Error — bill of exceptions — amendments after error.</p> <p>A court of error will take no notice of a bill of exceptions returned with the papers, unless incorporated into the final record, according to the statute.</p> <p>The court of error has no power, under our law, to allow amendments, even in matters of form, after writ of error brought.</p>

Decided 1883-08-15

BY THE COURT.

¶1As to all the matters that are set forth in-the bill of exceptions, and which only appear there, we can take no-notice of them, because the bill of exceptions forms no part of the record. It has been repeatedly decided, that if a party would avail himself of a bill of exceptions, he must have it recorded under our law; 29 O. L. 75.

¶2The other error is fatal. Our statute of amendments limits the *363right to amend to some time before writ of error brought, and does not extend beyond; 29 O. L. 77. We have no power to amend, or to disregard even matters of'form, after writ of error.

¶3The judgment is reversed, in all things, since the finding of the verdict, and remanded for further proceedings.

¶4[Bill of exceptions must be part of record; Acheson v. Western Reserve Bank, 8 O. 117, 119.]

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