Short v. Stutsman

Best, C.

The questions sought to be presented by. this record are brought upon bill of exceptions only, under section 347 of the code.

The bill of exceptions recites, “ That at the proper time the plaintiff notified the court that it desired to take the following questions of law to the Supreme Court, under section 347 of the code, to wit:

“ 1st. Did the fact that Longley procured Miller to sign said bond on Sunday, delivering the same to the plaintiff on a secular day, without notice that it was signed on Sunday, give Miller a valid defence to the bond ?

“2d. Was or was not the defendant Miller…