bill of exceptions

Historically a bill of exceptions does not embody a verbatim transcript of the evidence but, on the contrary, a statement with respect to the evidence adequate to present the contentions made in the appellate court. Such a bill may be prepared from notes kept by counsel, from the judge's notes, from the recollection of witnesses as to what occurred at the trial, and, in short, from any and all sources which will contribute to a veracious account of the trial judge's action and the basis on which his ruling was invoked.

A written statement of objections to the decision of the court upon a point of law, made by a party to the cause, and properly certified by the judge or court who made the decision. Powell, App. Proc. 211. It contains only the facts on which the adjudication complained of is founded. 10 Mo. 660. But where the sufficiency of the evidence is questioned, all the evidence must be set out. 13 Ind. 412.

A written statement of objections to the decision of a court upon a point of law, made by a party to the cause, and properly certified by the judge or court who made the decision. The object of a bill of exceptions is to put the decision objected to upon record for the information of the court having cognizance of the cause in error. They were authorized by statute Westm. 2d (13 Edw. I.), c. 31, the principles of which have been adopted in all the states, though the statute has been held to be superseded in some, by their own statutes. It provides for compelling the judges to sign such bills, and for securing the insertion of the exceptions upon the record. They may be brought by either plaintiff or defendant. Abolished in England by the Judicature Act, 1873. "The statute gives a bill of exceptions only in a trial according to the course of the common law; and there is no other means of putting evidence on a record;" Union Canal Co. v. Keiser, 19 Pa. 137, per Gibson, J. In what cases. In the trial of civil causes, wherever the court, in making a decision, is supposed by the counsel against whom the decision is made to have mistaken the law, such counsel may tender exceptions to the ruling, and require the judge to authenticate the bill; 3 Bla. Com. 372; Sowerwein v. Jones, 7 Gill & J. (Md.) 335; Ray v. Lipscomb, 48 N. C. 185; including the receiving improper, and the rejecting proper, evidence; Samuel v. Withers, 9 Mo. 166; Com. v. Bosworth, 6 Gray (Mass.) 479; King v. Gray, 17 Tex. 62; and a failure to call the attention of the jury to material matter of evidence, after request; Ex parte Baily, 2 Cow. (N. Y.) 479; and including a refusal to charge the jury in a case proper for a charge; Fletcher v. Howard, 2 Aik. (Vt.) 115, 16 Am. Dec. 686; Emerson v. Hogg, 2 Blatchf. 1, Fed. Cas. No. 4,440; Com. v. Packard, 5 Gray (Mass.) 101; but not including a failure to charge the jury on points of law when not requested; Texas & P. R. Co. v. Volk, 151 TJ. S. 73, 14 Sup. Ct. 239, 38 L. Ed. 78; Law v. Merrills, 6 Wend. (N. Y.) 274; Brigham v. Wentworth, 11 Cush. (Mass.) 123; Rogers v. R. Co., 38 Me. 227; and including a refusal to order a special verdict in some cases; Syme v. Butler, 1 Call (Va.) 105. It can be taken to the action or want of proper action of the trial court, upon any proceeding in the progress of the trial from the commencement of the same to its conclusion and when properly presented can be considered by the court on writ of error; Wilson v. United States, 149 U. S. 67, 13 Sup. Ct. 765, 37 L. Ed. 650. An exception cannot be taken to the decision of the court upon matters resting in Deloach v. Walker, 7 How. (Miss.) 164; Mosseaux v. Brigham, 19 Vt. 457; nor upon any theory announced by the court, unless such be expressed in particular language; Bogk v. Gassert, 149 U. S. 17, 13 Sup. Ct. 738, 37 L. Ed. 631; nor for the refusal of a non-suit; Ballentine v. White, 77 Pa. 20; nor where the record shows a fatal error, as want of jurisdiction; Fields v. Maloney, 78 Mo. 172; nor, generally, in cases where there is a right of appeal; Wheelock v. Moulton, 13 Vt. 430; though the practice in some states is otherwise. In criminal cases, at common law, judges are not required to authenticate exceptions; 1 Chitty, C. L. 622; People v. Holbrook, 13 Johns. (N. Y.) 90; Wynhamer v. People, 20 Barb. (N. Y.) 567; Case v. Com., 1 Va. Cas. 264; Middleton v. Com., 2 Watts (Pa.) 285; U. S. v. Gibert, 2 Sumn. 19, Fed. Cas. No. 15,204; but statutory provisions have been made in several states authorizing the taking of exceptions in criminal cases; Com. v. Jones, 1 Leigh (Va.) 598; Wynhamer v. People, 20 Barb. (N. Y.) 567; Osburn v. State, 7 Ohio, 214, pt. 1; Donnelly v. State, 26 N. J. L. 463; Shannon v. People, 5 Mich. 36; Fife v. Com., 29 Pa. 429. When to oe taken. The bill must be tendered at the time the decision is made; Midberry v. Collins, 9 Johns. (N. Y.) 345; State v. Lord, 5 N. H. 336; Coburn v. Murray, 2 Greenl. (Me.) 336; Bratton v. Mitchell, 5 Watts (Pa.) 69; Hawkins' Heirs v. Lowry, 6 J. J. Marsh. (Ky.) 247; Agnew v. Campbell's Adm'rs, 17 N. J. L. 291; Lenox v. Pike, 2 Ark. 14; Bompart v. Boyer, 8 Mo. 234; Randolph v. Alsey, 8 Mo. 656; Croft v. Ferrell, 21 Ala.,351; Patterson v. Phillips, 1 How. (Miss.) 572; Mc Kell v. Wright, 4 la. 504; Houston v. Jones, 4 Tex. 170; and it must, in general, be taken before the jury have delivered their verdict; Morris v. Buckley, 8 S. & R. (Pa.) 211; Lanuse v. Barker, 10 Johns. (N. Y.) 312; Kilgore v. Bonic, 9 Mo. 291; Fugate v. Muir, 9 Mo. 355; Jones v. Van Patten, 3 Ind. 107; Armstrong v. Mock, 17 111. 166; Martin v. State, 25 Tex. App. 557, 8 S. W. 682; State v. Brown, 100 N. C. 519, 6 S. E. 568. In the circuit court of appeals no exceptions to rulings at a trial will be considered, unless taken at the trial, embodied in a bill of exceptions, presented to the judge at the same term or at a time allowed by rule of court made at the term, or by a standing rule of court, or by consent of the parties, and except under extraordinary circumstances must be allowed and filed with the clerk during the same term; New York &

A formal statement in writing of the objections or exceptions taken by a party during the trial of a cause to the decisions, rulings, or instructions of the trial judge, stating the objection, with the facts and circumstances on which it is founded, and, in order to attest its accuracy, signed and sealed by the judge ; the object being to put the controverted rulings or decisions upon the record for the information of the appellate court. Ex parte Crane, 5 Pet. 193, 8 L. Ed. 92; Galvin v. State, 56 Ind. 56; Coxe v. Field, 13 N. J. Law, 218; Sackett v. McCord, 23 Ala. 854. 4.

In equity practice. A formal written complaint, in the nature of a petition, addressed by a suitor in chancery to the chancellor or to a court of equity or a court having equitable jurisdiction, showing the names of the parties, stating the facts which make up the case and the complainant's allegations, averring that the acts disclosed are contrary to equity, and praying for process and for specific relief, or for such relief as the circumstances demand. U. S. v. Ambrose, 108 U. S. 336, 2 Sup. Ct. 682, 27 In Ed. 746; Feeney v. Howard, 79 CaL 525, 21 Pac. 984, 4 L. R. A. 826, 12 Am. St. Rep. 162; Sharon v. Sharon, 67 CaL 185, 7 Pan. 456. Bills are snid to be original, not original, or in the nature of original bills. They are original when the circumstances constituting the case are not already before the court, and relief is demanded, or the bill ls filed for a subsidiary purpose.
Defined under Bill in Black's Law Dictionary.

A formal} statement in writing of the objections or exceptions taken by a party during the trial of acause to the decisions, rulings, or instructions of the trial judge, stating the objection, with the facts and circumstances on which it is founded, and, in order to attest its aceuracy, signed and sealed by the judge; the object being to put the controverted rulings or decisions upon the record for the information of the appellate court. 2 Dak. 470, 11 N. W. Rep. 497; Pow. App. Proc. 211.

In practice. A formal statement in writing, of exceptions taken to the opinion, decision or direction of a judge delivered during the trial of a cause; setting forth the proceedings on the trial, the opinion or decision given, and the exception taken thereto; and sealed by the judge in testimony of its correctness. This bill is in the nature of an appeal; its object being to put the points decided upon record, in order to bring them up before the court in banc, or a superior court, for review after trial. 3 Bl. Com. 372. 3 Steph. Com. 615. Marshall, C. J., 5 Peters' R. 190. Raymond on Bill of Exceptions, (Law Library, New Series, vol. 46.) In strictness, the bill of exceptions ought to be engrossed and tendered to the judge during the course of the trial, or other proceeding out of which the exception arises, and to be then sealed. The usual (and, indeed, the invariable) practice however is, to reduce to writing the substance of the exception at the time it is taken, and it is then signed by the counsel on each side, and the bill itself is afterwards drawn up in form, and tendered to the judge to affix his seal. Raym. Bill of Excep. 33, 34. 2 Tidd's Pr. 862, 864. 1 Arch. Pr. 196, 210. Bills of exceptions were first introduced by the statute of Westminster 2, c. 31. 3 Bl. Com. 372. 2 Reeves' Hist. Eng. Law, 188.