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3 Miss. 845

Grigsbey v. Francis

Mississippi Supreme Court

Decided January 15, 1838

Mississippi Supreme Court · decided 1838-01-15

<p>Forthcoming bonds and executions will not be noticed by the appellate court, unless they are made component parts of the record by being spread at length by the bill of exceptions.</p>

Decided 1838-01-15

Per CuriaM:

¶1A motion was made in the court below to quash a fieri facias and forthcoming bond, in this case, which by the court below wás overruled.

¶2To this opinion an exception was taken and a bill of exceptions signed by the judge.

¶3This bill purports to set out the objectionable fieri facias, but it is omitted. It also refers to the bond objected to, as designated by the letter B; no bond so designated is with the record.

¶4There is a copy of a fieri facias, and also of a forthcoming bond in the record, but we have no evidence that they are the same, which were presented for the consideration of the court below.

¶5We cannot notice such papers unless they are made a component part of the record, by being spread at length in the bill of exceptions. This same point has often been decided in accordance with the present determination.

¶6The judgment must be affirmed.

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