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STIMPSON V. WEST CHESTER RAILROAD CO., 44 U. S. 553 (1845)

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U.S. Supreme Court

Stimpson v. West Chester Railroad Co., 44 U.S. 3 How. 553 553 (1845)

Stimpson v. West Chester Railroad Co.

44 U.S. (3 How.) 553

Syllabus

The 38th rule of Court forbids the insertion of the whole of the charge of the court to the jury in a general bill of exceptions, but requires that the part excepted to shall be specifically set out.

This Court has not the power to correct any errors or omissions which may have been made in the circuit court in framing the exception, nor can it regard any part of the charge as the subject matter of revision unless the judges, or one of them, certifies under his seal that it was excepted to at the trial.

If the omission of a part of the charge which was in fact embraced in the exception is a mere clerical error, the party will be entitled to a certiorari upon producing a copy of the exception, properly certified.

But in no case can the exception certified under the seals of the judges of the circuit court be altered or amended.

A suggestion was made in this case of diminution in the record, and a motion for a certiorari to bring up the charge which the court delivered to the jury on the trial of the cause in the Circuit Court of the United States for the Eastern District of Pennsylvania.


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