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The errors assigned relate solely to matters not of record and, therefore, not cognizable in this court, except by a bill of exceptions. Rulings on the admission and exclusion of evidence, exceptions to instructions given the jury, to denial of a motion for a new trial, and to argument of counsel, cannot be brought before this court under Rule 11, but only by a bill of exceptions duly settled and certified by the trial judge. We cannot, by writ of error, direct the circuit judge to settle a bill of exceptions. Such direction, in a proper case, must be by mandamus. See section 12635, 3 Comp. Laws 1915, for method of reviewing denial of a motion for a new trial. SeeGeneral Necessities Corp. v. Wayne Circuit Judge,
214 Mich. 135 , holding that a motion for a new trial does not suspend the running of the time granted to settle a bill of exceptions.The writ herein brings nothing to us for decision and is dismissed, with costs to defendant.
McDONALD, C.J., and CLARK, BIRD, SHARPE, MOORE, STEERE, and FELLOWS, JJ., concurred. *Page 203
Document Info
Docket Number: Docket No. 93.
Citation Numbers: 206 N.W. 373, 233 Mich. 200
Judges: WIEST, J. (<italic>after stating the facts.</italic>)
Filed Date: 12/22/1925
Precedential Status: Precedential
Modified Date: 1/12/2023