Arnold v. Leathers

Whether the plaintiff in error was entitled to a'new trial, depends solely on the question, whether there is any bill of exceptions which this court can regard as a legal certification of.the proofs on the trial.

A paper purporting to be a bill of exceptions is presented. . But it is not signed either by the Judge, or bystanders. Three persons certify that the bill of exceptions was presented to the Judge, and he refused to sign it; and the Judge states an insufficient reason for his refusal. The case, therefore, is of that class provided for bv an act of. 1793, 1 Dig.. 188. In such a case,…