Horton v. Smith

This was replevin by appellant against appellee. The case was tried by the court, a jury being waived, and the issues were found for the defendant. Judgment accordingly, from which the plaintiff prayed an appeal to this court. The bill of exceptions did not show that exception was taken to the judgment, and upon notice the court at the next term amended the bill of exceptions to show the fact that an exception was taken at the proper time. It is now moved to strike the amended record from the files. First, because the judge presiding when the amendment was made was the successor in office of…