150 Pa. 339 | Pa. | 1892
Opinion by
At the argument leave was asked to file an additional-assignment of error, and this request was opposed on the ground that exception had not been taken in the court below to the portion of the charge which was the subject of the proposed assignment. No formal bill of exceptions is to be found in the record, nor is there anjr other means of ascertaining the truth about which the counsel differ. This, however, is immaterial. The office of the bill of exceptions is to bring upon the record that which otherwise would not appear, and consequently could not be noticed by the superior court. Until the passage of the Act of Feb. 24, 1806, there was no other means of
That assignment of error is in respect to that portion of
None of the other assignments of error are sustained. Those, only, which relate to the subject of change of possession require notice. The complaint of the fifth to the tenth assignments inclusive is that the court did not give binding
The judgment is reversed and a venire facias de novo is awarded.