Paul v. Smith

In this case a motion is made to dismiss the writ . of error, because the brief of evidence filed in the case has never been approved by the trial judge. We are extremely reluctant to dispose of any writ of error without consideration of the merits of the case; and in all cases of doubt, as well as in all cases where the error assigned can be determined either from the bill of exceptions itself or the bill of exceptions and the record taken together, motions to dismiss will be refused. In this case the motion to dismiss will not be granted; for, upon consideration thereof, the only effect of…