¶1The bill of exceptions, in this case, is too imperfect to warrant a reversal of the judgment, according to numerous decisions of this court. The objection to the judgment of the circuit court is, that evidence offered by the defendant was improperly rejected. It does not appear that the exception was saved at- the time. A motion was made for a new trial, which was overruled. A bill of exceptions was then filed, not to ■ the opinion of the court in refusing a new trial, but to the exclusion of the testimony. • This was too late, unless the point had been reserved at the time, and the bill of exceptions afterwards signed nunc pro tunc.
8 Miss. 164
Deloach v. Walker
Decided January 15, 1843
Mississippi Supreme Court · decided 1843-01-15
IN ERROR from the circuit court of the county of Wilkinson. , This was an action, brought by Walker and wife, on a promissory note for one hundred and ten dollars and ten cents, made by Deloach to Mary Walker before coverture. Pleas of the general issue and payment were filed. The first plea of payment was general; the second stated that the note sued bn was made to Mrs. Walker after coverture, and that the same had been paid to Z. Walker before suit brought.
Decided 1843-01-15