
    Nicholas M. Masters et al. vs. John H. Bailey Jr., et al.
    Where no leave is given at the trial of the cause to turn a case into a hill of exceptions’ for the purpose of going to the Court of Errors, it can not be given afterwards.
    
      Motion by defendants for leave to turn the case into a bill of exceptions.—On the trial of this cause, a verdict was taken for plaintiffs and exceptions were taking to the ruling and charge of the Circuit Judge, and it appears that counsel on both sides supposed the cause would be carried to the Court of Errors, for final decision. It seems defendants’ attorneys preferred having the cause argued before this court as a case, and it was so settled; but supposed there was a clause in it for leave to turn it into a bill of exceptions, until the decision of this court, when defendant’s counsel learned there was none.
    M. T. Reynolds, Hefts Counsel. Kimball & Hinsdale, Hefts Mtys.
    
    N. Hill Jr., Plffs Counsel. McVean & Reynolds, Plffs Mtys
    
   Per Curiam.

This being rather a hard case for defendants, no costs are allowed.

Hecision.—Motion denied, without costs.  