McKee v. Elwell

Opinion by

Mr. Justice Denison.

Judgment was rendered July 5, 1917, a motion for new trial was overruled December 8, 1917 and sixty days granted for bill of exceptions. February 5, 1918, the bill of exceptions was tendered to Judge Rizer, who had tried the case, and he noted the tender and date with his signature. February 14th, 1919, the judge died, having been, ever since the tender, too ill to attend to any business involving controversy. Defendants in error disputed the accuracy of the tendered bill, and therefore it could not be settled by Judge Rizer. The record was brought here July…