The opinion of a judge directing the Plaintiff in an action to be nonsuited if it does not appear on the record, cannot be questioned in a writ of error. The Plaintiff, if he intends to bring a writ of error on the ground of misdirection, in point of law, should not, submit to be nonsuited but appear, and put the judge to express such opinion, by way of diminution to the jury; and thereupon tender a. bill of exceptions to the judge, and procure his signature thereto.
Citations:
[1828] EngR 150, (1828) 2 Bligh NS PC 9, (1828) 4 ER 1033
Links:
Jurisdiction:
Commonwealth
Litigation Practice
Updated: 31 December 2022; Ref: scu.322914