Drake v. Johnston & Seats

The appellants move to set aside tbe return of tbe certiorari. Tbis motion is based on two grounds, which are stated in tbe brief of counsel in these words: “ 1. That it embraces tbe amendment to tbe record made in tbe circuit court after tbe appeal was taken.” “ 2. That it does-not include tbe bill of exceptions, by wbicb appellants reserved their objections to tbe allowance of tbe amendment by the court below.”

It appears from tbe record that tbe appeal in tbis case was taken on tbe 12th day of June, 1871, and made returnable to tbe January term of this 'court, in 1872. On tbe 19th day of…