Selph v. Cobb

This cause came' on to be heard before the court en banc, upon motion of the defendant, in error to dismiss the writ of-error. The second ground of this motion is, in substance, that no assignment of errors was presented to the judge at the time of the presentation or settlement of the bill of exceptions.

It appears from the certificate of the judge appended to the bill of exceptions that this ground of the motion is true. This omission is in direct violation of Special Rule One for the government of Circuit Courts in the preparation of bills of exceptions, which expressly provides that such…