James Clark McReynolds

“ The defendants offered no exceptions to the rulings of the court until after the writ of error had issued, transferring jurisdiction of the case to the Court of Appeals. And the recitals in the subsequent 'bills of exceptions' that the exceptions, then for the first time presented, where to be taken as made before the entry of the judgment, are nugatory. A bill of exceptions is not valid as to any matter which was not excepted to at the trial. ”

“ In Fleischmann Const. Co. v. United States, 270 U.S. 349, 355, 356, 357, 46 S.Ct. 284, 287, 70 L.Ed. 624, this Court construed and applied the above sections, and the doctrine there approved is decisive of the present cause. Through Mr. ”