State ex rel. Pomeroy v. Webber

Section 2321.07, Revised Code, provides:

“The trial judge, upon the receipt of a bill of exceptions, shall indorse thereon the date it was received, and within five days thereafter correct it, if necessary, allow and sign such bill, and immediately transmit it to the office of the clerk of the court from whom it was received, with any amendment or objections thereto.”

Under such section, a mandatory duty is imposed on a trial judge to “allow and sign” a true bill.

“It is the duty of the trial judge to allow and sign a bill of exceptions when duly presented, if the same be correct; it is likewise…