Modlin v. Smith

1. A motion was made to dismiss the writ of error in the present case. The plaintiff’s bill of exceptions was prepared and presented by W. A. James, Esq., who signed it as attorney for the plaintiff in error. The plaintiff in error, through other counsel, now asks that the writ of error be dismissed, upon the ground that it was brought to this court without her authority, and avers that, on the contrary, she specifically directed Mr. J ames not to file a bill of exceptions, and that after the' judgment in the lower court she discharged him. The statements in this motion are verified by her…