Suggs v. Suggs

This case was tried before Judge Bond Almand, and he overruled a motion for new trial. Subsequently, by reason of a contest over the judgeship and not on account of death, Judge Almand was succeeded by Judge Frank A. Hooper Jr., who, after assuming office, certified the bill of exceptions. The overruling of the motion for new trial was the error alleged in the bill of exceptions. The defendant in error moved to dismiss the writ of error.

The Code declares: “The bill of exceptions shall be tendered to the judge who presided in the cause.” § 6-902. “If the judge trying the cause shall resign, or…