Martin v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Appellant perfected an appeal to this court in a case where he was plaintiff and appellee defendant. Appellee sued out a writ of certiorari to procure the original skeleton bill of exceptions.
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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Appellant perfected an appeal to this court in a case where he was plaintiff and appellee defendant. Appellee sued out a writ of certiorari to procure the original skeleton bill of exceptions. Subsequently appellant filed a petition in the court below which stated that, in the bill of exceptions-taken in said appeal, the instructions were not set forth with certainty, and prayed that it might be amended by inserting the original drafts of them. The defendant having been notified, appeared by counsel, and on a hearing of the application…
1Opinion of the Court
COCKRILL, C. T.
1. Bill of exceptions-Amendment after ternu A bill of exceptions, when signed by the judge and filed by the clerk, becomes á part of the record of the cause in which it is taken, and, like any other part of the record, may at a subsequent term be amended by the court on petition and notice to the adverse party, but cannot be legally altered in any manner by the judge.
The right to amend is governed by the same rules which obtain in the amendment of any other record. In those States where the rule exists of allowing no amendment of a record, save where there is a record or…
2Cases cited2 opinions
- Dougherty v. PeopleIllinois Supreme Court · 1886
- State v. ClarkWisconsin Supreme Court · 1886
3Cited by6 opinions
- Boggess v. HarrisTexas Supreme Court · 1897
- State v. EstesOregon Supreme Court · 1898
- Churchill v. HillSupreme Court of Arkansas · 1894
- Ford v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1904
- Fick v. CrookSupreme Court of Colorado · 1900
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