Williams v. Ramsey
Mississippi Supreme Court
ERROR to tbe Circuit Court of Lauderdale County. Hon. Bobert LeachmaN, Judge. Tbe facts in tbis case are fully set forth in the opinion of tbe court. Tbe question arises on motion to dismiss tbe bill of exceptions, because it was signed by the circuit judge in vacation. We submit that the paper purporting to be a bill of exceptions is a nullity.
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ERROR to tbe Circuit Court of Lauderdale County. Hon. Bobert LeachmaN, Judge. Tbe facts in tbis case are fully set forth in the opinion of tbe court. Tbe question arises on motion to dismiss tbe bill of exceptions, because it was signed by the circuit judge in vacation. We submit that the paper purporting to be a bill of exceptions is a nullity. See Code of 1871, §§ 648-652, 644-646, 534. The clear and manifest intention — tbe only reasonable ■and just construction of those several provisions — is that a bill •of exceptions must be signed by the judge in term time. See Tucker v. Gorden, 7…
1Opinion of the CourtPeytoN, C. J.
This is a motion made by the defendant in error to affirm the judgment of the court below, on the ground that, there being no valid bill of exceptions, no question is presented by the record for the decision of this court.
The validity of the bill of exceptions is the main question presented by this motion for adjudication.
In support of this motion it is insisted that the bill of exceptions, having been signed by the circuit judge who tried the cause, in vacation, constitutes no part of.the record.
In the court below the jury rendered a verdict for the plaintiff against the defendant. Whereupon…
2Cases cited3 opinions
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