
    
      FAGOT vs. DAVID.
    
    East’n. District.
    
      Dec. 1815.
    No bill of exceptions lies to a final judment.
    Appeal from the court of the parish and city of New-Orleans.
    This was a suit on a promissory note. On a final judgment being given for the plaintiff, the defendant filed a bill of exceptions and took an appeal.
    The plaintiff and appellee contended that the supreme court could not examine the case, as there was no statement of facts, and the bill of exceptions had been taken to the opinion of the court on a final judgment.
   Mathews, J.

delivered the opinion of the court. In this case there is no statement of facts made and transmitted to this court, as required by law, nor any special verdict, and as no bill of exceptions was taken to any opinion of the judge in the court below, given during the progress of the trial, the exception which comes up with the record, being taken to a final judgment, is contrary to law and practice.

Turner for the plaintiff. Duncan for the defendant.

See Bujac & al. vs. Mayhew, 3 Martin, 613.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed, at the costs of the defendant and appellant.  