Cowall v. Altchul
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. The bill of exceptions was signed by the “regular Judge,” He overruled the motion for new trial and should have signed the bill of exceptions. This case differs from Watkins v. State, 37 Ark., 370 . The case should be reversed for errors, apparent- on the record. The bill of exceptions should have been signed by the special judge who presides at the trial. There is nothing before the court for review.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. The bill of exceptions was signed by the “regular Judge,” He overruled the motion for new trial and should have signed the bill of exceptions. This case differs from Watkins v. State, 37 Ark., 370 . The case should be reversed for errors, apparent- on the record. The bill of exceptions should have been signed by the special judge who presides at the trial. There is nothing before the court for review. WatJcins v. State, 37 Ark., 370. The bill of exceptions being excluded, there is nothing erroneous in the record, but…
1Opinion of the CourtSmith, J.
This cause was tried before a special judge elected in consequence of the necessary absence of the regular Circuit. Judge, as the record states. This trial took place on tne 6th day of June, 1881, and resulted in a verdict and judgment for a small amount against the appellants, who were defendants below. Two of the defendants filed a motion for a new trial on the 10 th of June, when, as it seemed, the special judge was on the bench. But the motion was not disposed of until after the regular judge -had resumed his seat. He denied the motion and afterwards signed a paper which purports to be a…
2Cases cited2 opinions
- Consaul v. LidellSupreme Court of Missouri · 1841
- Milvehal v. MilwardThe Superior Court of New York City · 1853
3Cited by2 opinions
- Carnehan v. ParkerSupreme Court of Arkansas · 1912
- Free v. JordanSupreme Court of Arkansas · 1928