Summary

Horace Gray Michigan Insurance Bank v. Eldred…

The duty of seasonably drawing up and tendering a bill of exceptions, stating distinctly the rulings complained of, and the exceptions taken to them, belongs to the excepting party, and not to the court. The trial court has only to consider whether the bill tendered by the party is in due time, in legal form, and conformable to the truth; and the duty of the court of error is limited to determining the validity of exceptions duly tendered and allowed.
Source: Wikisource

Horace Gray Michigan Insurance Bank v. Eldred…

The scope of this section is shown by comparing it with the general provisions of section 2655 of the same Code, that the answer of the defendant must contain 'a general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.' A denial of the fact that the plaintiff is a corporation must be specific, and not general, and a denial of any knowledge or information thereof sufficient to form a belief is not enough. Manufacturing Co.
Source: Wikisource

Horace Gray Michigan Insurance Bank v. Eldred…

By that bill of exceptions it appears that before the last trial the defendant, by leave of court, amended its answer by adding, as a distinct defense, that 'said defendant denies, upon information and belief, that at the time of the commencement of this action the said plaintiff was, or is now, a corporation created or organized under the laws of the state of Michigan, or under the laws of any other state, territory, or government
Source: Wikisource

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