Scribner v. Gay

Campbell J.:

A motion is made to dismiss the writ of error, and to strike out the bill of exceptions in this case, upon the grounds, First, That there was no assignment of errors made in time; and Second, That the exceptions were settled without notice.

The omission to assign errors is satisfactorily -accounted for, and as an assignment has now been filed, we are not disposed to grant the motion to dismiss. If the defendant in error is not ready to go to a hearing, he will be entitled to a continuance on account of the failure, as a matter of course.

It appears by the affidavits upon the other…