Horace Gray

“ But to assume to do that would be to take upon ourselves the duty of drawing up proper bill of exceptions, a duty which belonged to the excepting party, and should have been performed before suing out the writ of error. This we are not authorized to do. Our duty and authority are limited to determining the validity of exceptions duly framed and presented.
The defendants having failed to reduce their exceptions to such a form that this court can pass upon them, the judgment must be affirmed. ”

“ This bill of exceptions has been framed and allowed in disregard of the settled rules of law upon the subject. No ruling upon evidence is open to revision, because none appears to have been excepted to (Scott v. Lloyd, 9 Pet. 418, 442;) ”

“ At the trial the plaintiffs introduced evidence tending to prove that such iron, on which the plaintiffs had avanced $20 a ton, was delivered by them to the defendants on the faith of this contract, and was afterwards sold by the lefendants for less than the amount of the plaintiffs' advances ”