Bank of Monroe v. Brockway — 18 Wend. 357

Majority

p. 357

Bank of Monroe vs. Brockway.

Headnote

A special verdict in a personal action as well as a bill of exceptions, or case made, must in the first instance be heard and decided by the circuit judge, unless he direct otherwise.

The question in this case was, whether where a special verdict is taken at the circuit, the cause must in the first instance be heard before the circuit judge, or whether it may be directly brought before this court without any order to that effect from the circuit judge.

By the Court,

A special verdict is not enumerated in the act of 1832, but it is in the act of 1833. (Statutes, session of 1832, p. 188, and session of 1833, p. 305.) These acts are in pari materia ; a special verdict, therefore, as well as a bill of exceptions or case made, must, in the first instance, be heard and decided before the circuit judge, unless he in his. discretion direct that it be carried immediately to this court.