St. Louis, Iron Mountain & Southern Railway Co. v. Rapp
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. J. K. Young, Circuit Judge. STATEMENT. At the June term, 1879, of the Nevada Circuit Court, the appellee recovered verdict and judgment against the appellant for damages for injury to a horse.
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APPEAL from Nevada Circuit Court. Hon. J. K. Young, Circuit Judge. STATEMENT. At the June term, 1879, of the Nevada Circuit Court, the appellee recovered verdict and judgment against the appellant for damages for injury to a horse. The appellant filed a motion for a new trial, which was overruled, and it excepted, and time was given by the court until the third day of the next term to file a bill of exceptions; but the bill was not tendered until the fourth day of the next term, and was then signed by the coui’t, and filed, against the objections of the appellee. "Whether the bill could be…
1Opinion of the Court
OPINION.
Harrison, J.
The bill of exceptions not having been presented to and signed by the judge until after the expiration of the time given therefor in the order of the court* it is no part of the record. Garabaldi v. Carroll, 33 Ark., 568; and see Nye v. Old Colony Railroad Co., 124 Mass., 241; Cooney v. Burt, 123 Mass., 579; Walker v. Woolen, 54 Ind., 164; Moffett v. Pollard, 19 Ind., 178.
Affirmed.
2Cases cited4 opinions
- Walker v. WoollenIndiana Supreme Court · 1876
- Cooney v. BurtMassachusetts Supreme Judicial Court · 1878
- Maffett v. PollardIndiana Supreme Court · 1862
- Nye v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Crowe v. Corporation of Charles TownWest Virginia Supreme Court · 1907
- Fernwood Mining Co. v. PlunaSupreme Court of Arkansas · 1918
- Madison County v. MaplesSupreme Court of Arkansas · 1912
- Routh v. ThorpeSupreme Court of Arkansas · 1912
- Greene County ex rel. Baker v. WilhiteMissouri Court of Appeals · 1889
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