Hasard v. Conklin

The appellant presents for settlement the proposed case and amendments, upon an appeal from a judgment recovered after a trial before the late Justice Spaulding. The respondent denies the power of any other justice of the court, either to make the' settlement, or to order the case on file, as required by supreme court rule. 44. If Justice Spaulding were living, the settlement would have to be made by him, as of course.

But, he is dead, and ex necessitate rel, the required settlement devolves upon the other judges of the same court, and the duty appropriately falls upon me as the justice…