B. P. YATES, Agt. of Southern Bapt. Mission, Appellant, vs. McGill BROTHER, Appellee.
[January Term, A. D. 1861.]
Appeal from the Court of Quarter Sessions and Common Pleas. Montserrado County.
Appeal-Bill of exceptions.
A bill of exceptions is a formal statement in writing of exceptions taken to opinions, rulings and decisions of a judge in the course of a trial, and constitutes the foundation of an appeal—where it does not appear in the records of an appeal the omission is fatal.
The Supreme Court of this country, as well as those of other countries, has but one great and important duty to perform, and in consideration of its legal bearings it is regarded as being the soul of the law. Rights, order and liberties are concentrated within its jurisdiction, and it is expected that it will keep immediately within the spirit of the law. It is not to be supposed that the conduct of this court will be against plain legal proceedings, and as far as supervision is concerned, it is of right its duty and function to explain the law in the manner best conducive to justice and equity. The present case coming up before this court fails to meet the simple requirement of the law, in one grand particular entirely the duty of those wishing the benefits of its decisions.
The statutes governing this country, and the manner by which cases are to come here, is plain, and those who fail to meet its requirements cannot expect to meet its benefits. The court cannot assume responsibilities and burdens of which any party may fail to avail themselves, in the incipient stage of a case, much as it might be anxious to give relief. The most important feature of an appeal, in such cases, is the bill of exceptions, which our law plainly says must be filed. The exceptions are the points upon which the whole consideration of the records are considered to know whether the finding of the jury and judgment have been in keeping with law and evidence. The appellant presumes to say his case was not wrongfully brought. Then why are not the points in law definitely pointed out, as upon that alone the Supreme Court can adjudge if the law has been rightfully applied or not.
The bill of exceptions in legal practice is a formal statement in writing of exceptions taken to the opinions, decisions, or directions of a judge, delivered during the trial of a cause, setting forth the proceedings in the trial, the opinion or decision given, and the exceptions 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 or a Superior Court for review after trial. (3 Bl. 372, 3 Step. Comm. 615; Chief Justice Marshall, 5 Peters Reports 190.) In strictness, the bill of exceptions ought to be engrossed and tendered to the judge during the course of the trial or other proceedings out of which the exceptions arise, and to be then sealed. The usual, and indeed the invariable practice, however, is to reduce to writing the substance of the exceptions at the time it is taken, and it is then signed by the counsel on both sides, and the bill itself is afterwards drawn up and tendered to the judge to affix his seal. (See “Raymond on Bill of Exceptions,” 33, 34.) The court in this case has no bill of exceptions before it on record to which to direct its reflections, to ascertain whether the proceedings have been in accordance with law or not. The court has not wherewithal to proceed, no reference to points of law coupled with facts unraveled so as to be able to do what the Constitution guarantees.
All parties must have due and legal advantages in law, and those who fail to avail themselves of it must bear the results. It is therefore the opinion of this court that the appellant has failed to place his appeal before it in the manner provided by law, and there is no bill of exceptions embraced with the proceedings. It is decreed that the case be dismissed, with all costs in this court.