James Stimpson, Plaintiff in Error v. West Chester Railroad Company

The plaintiff in error in this case suggests that there is diminution in the record, in omitting the charge to the jury which was delivered at the trial by the Circuit Court, and moves for a certiorari, that it may be set out at length, and appended to the record. So much of the charge of the court as was excepted to at the trial, is inserted in the record as it now stands; and by the 38th rule of this court, adopted at January Term, 1832, it was ordered, that thereafter 'the judges of the Circuit and District Courts do not allow any bill of exceptions, which shall contain the charge of the court at large to the jury, in trials at common law, upon any general exception to the whole of such charge. But that the party excepting be required to state distinctly the several matters in law, in such charge, to which he excepts; and that such matters of law, and those only, be inserted in the bill of exceptions, and allowed by the court.' The record now before us contains as much of the charge as is authorized, by this rule, to be inserted in the exception, and the motion for a certiorari must therefore be overruled.