Jennings v. Philadelphia, Baltimore & Washington Railway Co.
Headline: Court affirms that trial judges lose power to allow late bills of exceptions after a term ends or an appeal is perfected, preventing litigants from adding trial records without explicit in-term order or consent.
Holding: The trial court lacked authority to allow a bill of exceptions after the term closed and after an appeal was perfected, and silence by the opposing party does not constitute consent.
- Prevents trial courts from allowing late bills of exceptions after term ends and appeal is perfected.
- Requires express in-term orders or clear consent to preserve trial rulings for appeal.
- Silence by opposing counsel does not amount to consent.
Summary
Background
A party who lost at trial sought to have a formal record of trial rulings (a bill of exceptions) added after the term ended. The trial judgment was entered December 20, 1907, the term closed December 31, and a new term began January 1, 1908. An appeal bond was filed January 10, 1908, and on January 14 the losing party presented a bill of exceptions after giving eight days’ notice under a court rule that normally allowed filing within thirty-eight days.
Reasoning
The Court asked whether the trial court had power to allow a bill of exceptions after the term closed and after an appeal had been perfected. The opinion says the specific court rule applied only while the term was running and did not extend the judge’s authority beyond the term. Once the term ended and an appeal was allowed and perfected, the trial court lost control of the case and could not add to the record. The Court cited earlier decisions that require bills of exceptions to be allowed and filed during the same term unless there is an express in-term order, standing rule, or clear consent. The Court also said mere silence from the opposing side does not count as consent. The Court affirmed the lower court’s judgment.
Real world impact
The ruling makes clear that litigants must secure records and any special orders during the term, or they risk losing the chance to preserve trial rulings on appeal. It also confirms that opposing counsel’s silence will not revive a late filing.
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