McCague v. New York, Chicago & St. Louis Railroad

Trial was had on this cause before the regular judge of the Blackford Circuit Court and a jury. Before a bill of exceptions cbuld be submitted for settlement and signature that judge died and a successor judge was duly appointed. A bill of exceptions was submitted to the successor judge who refused to sign it and made an order book entry to the effect that his refusal was for the reason that he doubted his authority to do so because of Rule 1-9 of the Rules of the Supreme Court. The order book entry also showed the death of the judge who presided at the trial.

No attempt was made to mandate…