Vicksburg & Meridian R. R. v. Ragsdale
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. Bobert Leachman, Judge. The only question arising in this case involves the power of the circuit judge to sign and seal a bill of exceptions in vacation. The facts are sufficiently stated in the opinion of the court.
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Error to the Circuit Court of Lauderdale County. Hon. Bobert Leachman, Judge. The only question arising in this case involves the power of the circuit judge to sign and seal a bill of exceptions in vacation. The facts are sufficiently stated in the opinion of the court. The following motion was filed, to-wit: The said defendant in error, by his attorneys, comes and moves the court to affirm the judgment in said cause, as a delay case, disregarding the pretended bill of exceptions incorporated in the transcript of record, because, 1. Apart .from said pretended bill of exceptions, there is…
1Opinion of the CourtSimrall, J.
The object of a bill of exceptions is to perpetuate for the use of the appellate court, a full and complete history of what transpired on the trial, or so much as may be needed for the purpose of revising the proceedings. It is the creation originally of the statute of Westminster the 2d. The sole purpose is to certify to the court of review, matters during the progress of the cause, which are not noted in the record proper, and which in this mode becomes part of it. It is purely narrative and historical, and not judicial, except in the sense that it is the duty of the judge to sign and seal…
Also in this document: Dissent.
2Cases cited12 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- Walton v. United StatesSupreme Court of the United States · 1824
- Turner v. YatesSupreme Court of the United States · 1854
- Phelps v. MayerSupreme Court of the United States · 1854
- Foxcroft v. MallettSupreme Court of the United States · 1846
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3Cited by6 opinions
- Richmond v. EnochsMississippi Supreme Court · 1915
- Stirling v. WagnerWyoming Supreme Court · 1892
- Patterson v. YanceyMissouri Court of Appeals · 1903
- Wingfield v. StateSupreme Court of Arkansas · 1910
- Florida Land Investment Co. v. WilliamsSupreme Court of Florida · 1922
1 more not listed; retrieve them via the Exa API.