West v. Fowler

This cause is again before us on a re-hearing, granted by a majority of the court at the last term.

There were two grounds upon which the former opinion was based : 1st, that the consent of the parties did not appear from the record entry extending the time to December the 1st, 1871; 2d, that the bill of exceptions was not filed within the time designated, and that the written agreement indorsed on the bill to prolong the time, could not have that effect, as it formed and constituted no part of the record.

The first ground above specified lias been obviated by an entry mono pro tunc ; so that…