Kinney v. United States Fidelity & Guaranty Co., 222 U.S. 283 (1911)

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Where the effect of the denial of plaintiff’s motion for judgment is simply to postpone consideration of the subject until the trial, plaintiff’s interests are not prejudiced, and there cannot be reversible error.

Occurrences at the trial cannot be considered if the record contains no bill of exceptions.

A paper in the record signed by the plaintiff is not a bill of exceptions although styled exceptions to charge of jury and purporting to be initialed by the trial judge. Origet v. United States, 125 U.S. 243.

Even if a part of the record were treated as a bill of exceptions, if all matters therein depend for their solution upon examination of evidence not in the record, this Court will affirm, not having any means for determining whether reversible error arose from the action of the court.

186 F. 477 affirmed.

The facts are stated in the opinion.