Smith v. Walker

When this case was called, counsel for defendants moved to dismiss the writ of ,error because the bill of exceptions was not filed in the clerk’s office of the superior court until the expiration of sixteen days from the date-of the certificate of the judge. In support of this motion the following facts were, relied on:

B. B. Bower, solicitor general, for plaintiff in error. Wooten & Simmons, by R. E. Lyon, for defendant.

The bill of exceptions was certified by the presiding judge on March 22d, 1875. Service was acknowledged thereon by opposite counsel, on the 31st of the same month. It was…