Thе Court intimated, what they recognized as the uniform rule upon this subject, and what thеy supposed to be universally practised upon, viz. — that the party excepting must see to it that his
To avoid embarrassment in the supreme court, wherroriginal papers, refеrred to in a case, are in the hands of the opposite party, it would seem but reasonable that the county court should require a coрy of all papers, referred to, to be attached to the bill of exceptions, before allowing it. In the English practice such papеrs are always copied at length upon the record, or at leаst so far as is necessary to raise the question intended to be reserved. This is also the practice in many of the American states, and is surely far mоre correct, than that of referring to an indiscriminate mass of original papers and copies, most of which, perhaps, have nothing to do with any of the questions reserved. But, if papers are thus referred to, they must be copied by the excepting party and presented to the court, unless the other party consent to waive this, and either furnish copies himself,, or consеnt to take the case without their being furnished. But no paper, or coрy, should ever be made a part of the case, unless it is necessary, in оrder to present some question reserved p — and in that case a copy of the paper referred to should be attached to thе case in the county court. The case would then come into this court perfect. It is understood by the court, and by the profession, it is presumed, that all papers, belonging to the files in the county court, come into this court as part of the case, whenever it is brought here upon excеptions, whether they are referred to in the bill of exceptions, or nоt.
Note by Redfield, J. In reporting, the above decision, I am aware that I mаy have somewhat dilated upon the intimations formally made by the Chief Justice at the time of the decision; but it is- but embodying the views of the court,, as there presented and often.repeated upon the circuit. The practice of