Morrison Waite

“ If a special exception, in proper from, had been taken to this ruling, we might possibly have been inclined to hold, under the stipulation in the case as to the pleadings, that it was equivalent to a special finding of the conveyance to Mrs. Sea, and a judgment notwithstanding in favor of the plaintiff for the value of the remaining houses covered by the policy. But there was no such exception. The words are 'exceptions allowed.' That is all. There is nothing specific. Everything is general. If the exception amounts to anything it covers the whole record. ”

“ Exceptions, to be of any avail, must present distinctly and specifically the ruling objected to. [12] A case ought not to be left in such a condition after a trial that the defeated party may hunt through the record, and if he finds an unsuspected error attach it to a general exception and thus obtain a reversal of the judgment upon a point that may never have been brought to the attention of the court below. Such a result might follow if the form of exception here adopted should be allowed. ”

“ To avoid a like experience under the act of 1865, it was deemed important by this court 'to settle the practice under it at an early day with a precision and distinctness that could not be misunderstood,' and to 'require in all cases, where the parties saw fit to avail themselves of the privileges of the act, a reasonably strict compliance with its provisions.' [2] Accordingly, as early as 1869, in the case of Norris v. ”