Jackson v. Commissioners of Salisbury

Bryan, J., delivered the opinion of the Court. In this case an agreed statement of facts was filed, and the case was submitted to the Court. There is nothing in the record to show on what specific point or question an objection was made to the Court’s ruling. By' the Act of 1825, chapter 117, (Article 5, section 12, of the Code,) we have no power to decide “ any point or question which does not appear by the record to have been raised, or made in and decided by the Court below.” In cases where parties avail themselves of the constitutional privilege to substitute the Court for the jury in the trial of facts, they ought to bring the Court’s ruling before us for review by means of a bill of exceptions.

McCullough vs. Biedler, ante, 283. But previously to the Constitution of 1867, it was always competent for parties to make a case stated for the opinion of the Court, and it may still be done. In a case stated the Court is confined to the precise facts embraced in the statement, and has no power to draw in ferences from them, unless there is an express agreement that the Court may make such deductions of fact as a jury ought to make ; and it is necessary to state upon what conclusions of law the Court is authorized to render judgment. As, for instance, “if the Court should be of