Legal Opinion

Claggett v. Gray

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 7 opinions

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…

2Cited by7 opinions

  1. Newbury v. Getchell & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1898
  2. Board of Comrs. Custer Co. v. MoonSupreme Court of Oklahoma · 1899
  3. Crowe v. Corporation of Charles TownWest Virginia Supreme Court · 1907
  4. Hahn v. MillerSupreme Court of Iowa · 1882
  5. Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1875

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