In Re Bills of Exceptions

Several pending matters involve the effect of the expiration of the trial term upon the settlement of a bill of exceptions or narrative statement of evidence. Though we have considered some aspects of the question, it seems advisable to make an examination and statement which will clarify the practice more completely.

The basic historical idea seems to be that the parties were required to attend at a term of court at which they were to be heard. When the term expired, either as stated or as extended, all parties were discharged from attendance. The court lost jurisdiction over them unless…