Denison v. Seymour

5 Wend. 103

Opinion

In setting a case, the circuit judge cannot strike out testimoney set forth in the case, drawn up by the party making the same, not proposed to be stricken out by the opposite parly in the amendments served by him. It is otherwise in a bill of exceptions; there, only such parts of the evidence are set forth as are material and necessary to present the question of law raised by the bill.