Smith v. Marshall

The principle stated in the headnote has been announced in numerous decisions of this court. The Civil Code, g 5527, provides, that “either par-ty in any civil cause, and the defendant in any criminal proceeding, in the superior courts of this State, may except to any sentence, judgment, or decision, or decree of such court, or of the judge thereof,' in any matter heard at chambers. Such bill of exceptions shall specify plainly the decision complained of, and the alleged error, and shall be signed by the party, or his attorney or solicitor.” And section 4637 provides that “when either party,…