Small v. Haskins

By the court:

Redfield, Ch. J.

The exceptions in this case were allowed and signed by the two assistant judges of the county court in the absence of the presiding judge from the state.

"We are asked to dismiss them on the ground that they are not signed by the judge who presided at the trial. The statute of 1824, establishing the courts under the late system, which, so far as regards carrying cases to the supreme court, is the same as the present system, provided that “ all questions of law arising upon jury trials and placed upon the record by the allowance and order of any two of the judges…