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BILL OF EXCEPTIONS Definition & Legal Meaning

Definition & Citations:

exceptions. A formal statement in writing of the objections or exceptions taken by a party during the trial of a cause to the decisions, rulings, or instructions of the trial judge, stating the objection, with the facts and circumstances on which it is founded, and, in order to attest its accuracy, signed and sealed by the judge; the object being to put the controverted rulings or decisions upon the record for the information of the appellate court. Ex parte Crane. 5 Pet. 193, 8 L. Ed. 92; Galvin v. State, 50 Ind. 56: Coxe v. Field, 13 N. J. Law, 218; Sackett v. McCord, 23 Ala. 854. 4. In equity practice. A formal written complaint, in the nature of a petition, addressed by a suitor in chancery to the chancellor or to a court of equity or a court having equitable jurisdiction, showing the names of the parties, stating the facts which make up the case and the complainant’s allegations, averring that the acts disclosed are contrary to equity, and praying for process and for specific relief, or for such relief as the circumstances demand. U. S v. Ambrose. 108 U. S. 336, 2 Sup. Ct. 682, 27 L. Ed. 746; Feeney v. Howard, 79 Cal. 525, 21 Pac. 984, 4 L. R. A. 826, 12 Am. St. Rep. 162; Sharon v. Sharon, 67 Cal. 185, 7 Pac. 456. Bills are said to be original, not original, or in the nature of original bills. They are original when the circumstances constituting the case are not already before the court, and relief is demanded, or the bill is tiled for a subsidiary purpose.


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