Perry v. Horn

Citations

• 22 W. Va. 381
• 1883 W. Va. LEXIS 68

Syllabus

<p>1. A rejected plea may be made a part of the record by the defendant on the record objecting or excepting to the rejection ; and in such ease the Appellate Court will review the action of the court below in rejecting the plea; but if the record does not show, that the defendant objected or excepted to the action of the court in rejecting such plea, the Appellate Court cannot reverse the action of the court so rejecting the plea. (p. 383.)</p> <p>2. The provision of the statute that “A party may avail himself of any error appearing on the record, by which he is prejudiced, without excepting thereto,” means without obtaining a formal bill of exceptions, provided he objects or excepts on the record to the action of the court complained of, and provided it is such a matter as can be considered without a formal bill of exceptions. (p. 383.)</p> <p>3. If a defendant does not on the record object or except to the judgment of the court in overruling a motion to set aside the judgment entered at the same term of the court, the Appellate Court will not review such action of the circuit court, (p. 384.)</p> <p>4. The recovery against a principal and surety in a bond for the payment of money is not limited to the penalty, but may exceed it so far as necessary to include interest from the time of the breach, (p.384.)</p>