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evidence. That is the province of the jury. When evidence only is certified in the bill of exceptions & not facts, the appellate court will not reverse the judgment unless it appears to be erroneous after excluding all the evidence in favor of the exceptant, & regarding all the evidence of his adversary to be true, & drawing from it every inference which a jury might fairly draw from it in favor of such adversary - Most of the authorities on this subject are collected, I believe, in 1st Robinson's Practice old edition, & there are many other cases in our recent reports. You are doubtless familiar with them. This gives the adversary a great advantage in the appellate court. In this case the evidence only is certified, and according to the rule above stated we can look only to
Transcription Notes:
Exceptant: a person who excepts or takes exception, esp in a court of law