Behan v. Williams , 123 Mass. 366 ( 1877 )

By the Court.

The bill of exceptions does not show that the presiding judge excluded from his consideration any evidence offered by the defendant, or ruled on any question of law; but only that, assuming the truth of the facts offered to be proved, the judge, in the exercise of his discretion, refused to grant a new trial. Such refusal is clearly not a matter of ex oeption. Fxcej-tions overruled, with double costs.