Claggett v. Gray
Supreme Court of Iowa
Appeal from the Lee District Court. 1st this case a motion was made by Gray, tbe appellee, to strike from tbe record a paper purporting to be a bill of exceptions. Several reasons were assigned for tbe motion, but tbe only one insisted upon in argument was, that tbe exceptions were signed in vacation, and shows a want of consent on tbe part of tbe appellee to such signing at that time.
1Opinion of the CourtWright, C. J.
Tbe facts with,regard to tbe time of tbe signing, as stated in tbe bill of exceptions, are as follows; It appears conclusively that at tbe trial tbe appellant excepted to certain rulings, but did not reduce tbe same to writing. And after setting out tbe exceptions taken, tbe judge proceeds to state that be is “requested to note the objections of plaintiff’s (appellee’s) counsel as to tbe time of signing tbe same, being three or four weeks since the adjournment of tbe court; but it is proper to state that tbe bearing for tbe motion for a new trial, and the determination thereof, were among thé…
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- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1875
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