Wickes v. B & O. R. R.

Citations

• 14 W. Va. 157
• 1878 W. Va. LEXIS 58

Syllabus

<p>1. It mnet appear from the record, that a point decided by the court during the trial before the jury has been saved before the jury retires ; though the bill of exceptions may be prepared, and may be signed by the judge, either during the trial or after it is ended during or before the close of the term at which final judgment was rendered. If this appears from the whole record, or if facts appear in the record, from which it may bo fairly inferred or presumed, it is sufficient, though it is not expressly staled in the bill of exceptions; but if it does not so appear substantially from the whole record, the Appellate Court cannot review the judgment of the court upon the point.</p> <p>2. If the judge of the court adjourns his court to a future day according to, and by authority of, the sixth section of chapter 15 of the acts of the Legislature of 1872-3, the term of said court, quoad a judgment rendered by said court in a cause before or during the day, on which such adjournment becomes final, is ended. And it is not competent ordinarily, for such * court or the judge thereof, thereafter, at the adjourned term > or any other term, to receive a hill of exceptions and sign it and make it a part of the record in the cause, in which judgment was so rendered.</p> <p>3. If a point has been raised at the proper time, the hill of exceptions as to such point may be tendered to the court at any time during the term, at which the final judgment was rendered.</p> <p>4. The more fact, that a hill of exceptions appears to have been signed by the judge, and is found among- the papers of the cause, does not make it a part of the record of the cause. To make such bill of exceptions a part of the record, so that the Appellatce Court may consider it, the record of the proceedings oí the court, required to he kept by the 4th section ol chapter 9 of the acts of 1872-3, must show substantially, that the bill of exceptions was tendered,'received, signed and directed to be made a part