Reed v. Gardner

In passing upon the questions presented in a hill of exceptions this court will not look beyond the bill itself. The pleadings and the statements of the hill, the verdict and the judgment are the only matters that are properly before it. Depositions, exhibits, or certificates not contained in the bill, cannot be considered by the court. The court declares its intention to adhere to what is above presented as its practice; and declares further . that the case of Flanders v. Tweed (9 "Wallace, 425), was exceptional.

Error to the Circuit Court for the Southern District of Georgia. Gardner sued Need in the court below. His declaration alleged that one Wilson had delivered to the defendant cotton, upon an agreement that .he, the defendant, would sell the same, and out of the proceeds pay to him, Gardner, tlje plaintiff, $4000, in which sum the said Wilson was indebted to Gardner; that, the property was.sold, that the net proceeds were $9000', by means whereof the defendant became liable to pay to the plaintiff the $4000, and- that he refused to pay the same. To this the defendant interposed a general denial and several special pleas. A trial was had, and verdict and judgment having been given for the plaintiff, the defendant brought the case hero. The bill of exceptions contained no statement of the evidence, or of the facts upon "which the questions arose. It consisted .only of the charge of the judge, and of requests- and refusals to charge. There was, however, in the’transcript a number of depositions,, exhibits, certificates, &c.., which appeared to have been used in the trial of tíre casé. ,