Connell v. O'Neil

Citations

• 154 Pa. 582
• 26 A. 607
• 1893 Pa. LEXIS 939

Syllabus

<p>Practice — Bill of exceptions — Evidence—Act of May 24, 1887.</p> <p>The only way by which matters of evidence may be placed upon the record in the'Supreme Court is by bill of exceptions.</p> <p>The legislation in regard to stenographers has merely changed the mode of making up the bill of exceptions while leaving its substance untouched. 'It is equally indispensable as it was before, and though noted by the stenographer, it is not his act but that of the judge. It is the duty of the judge to see that the bill is correct, and that his signature to it is a certificate of correctness on which the Supreme Court may rely.</p> <p>Although the actual signing of an exception by the judge is not necessary when the exception is noted by his direction, yet such signing is the better and more desirable practice, for which the signature to the general certificate at the end of the record is by no means an adequate substitute.</p> <p>Charge — Points—Assignments of error.</p> <p>Where the judge does not sign a bill of exceptions as to the charge and answer to points, it should appear in some way afiirmatively on the charge as reported by the stenographer that it was approved by the judge as correet, and filed by Ms direction. Without this, the filing by a stenographer is a nullity.</p> <p>If the assignments of error are such as depend, for the correctness or their application to the case, on the evidence, and the evidence is not presented in a bill of exceptions, they cannot be considered, for they have no basis on which to rest.</p> <p>Execution — Death of defendant — Practice, C. P.</p> <p>A valid levy in execution is not destroyed by the death of the defendant.</p> <p>Execution — Seasonable stay.</p> <p>The lien of a levy is not lost by a reasonable indulgence to the execution defendant, given him in good faith to allow him to raise money to save his goods from sacrifice.</p>