St. John v. Wallace
Supreme Court of Iowa
Appeal from, Bladlthawk District Court. This cause was tried on the 9th and 10th of July, 1867. On the 12th, defendant filed his motion for a new trial, which on the same day was overruled. The parties then in writing agreed, that defendant should have thirty days to settle and perfect his bill of exceptions. An appeal was perfected to this court on the 15th of the same month.
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Appeal from, Bladlthawk District Court. This cause was tried on the 9th and 10th of July, 1867. On the 12th, defendant filed his motion for a new trial, which on the same day was overruled. The parties then in writing agreed, that defendant should have thirty days to settle and perfect his bill of exceptions. An appeal was perfected to this court on the 15th of the same month. April 13, 1868, a bill of exceptions was filed, signed by two practicing attorneys, who certify that they were present during the trial, that said exceptions are true, and that the judge has refused to sign the same.…
1Opinion of the CourtWright, J.
l. bh.x. op ^heifcertiflea by bystanders. The statute provides that the party excepting must reduce it to writing and present it to the court for signature. If the judge deems it true, he shall sign it. If not, he shall at. once state tpe par£y what correction he desires to make thereto. When thus accepted, or when the party alleging the exception and the judge can agree, it is to be signed, and becomes a part of the record. But if they cannot agree, the party is to announce that fact to the judge, who shall thereupon deliver the exception back to, the party — who may proceed to procure the…
2Cases cited1 opinion
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