Johnson v. Emerick

Jackson, C.

This case is submitted both upon a motion to dismiss the error proceedings and upon the merits of the question raised by the petition in error. The motion to dismiss the petition in error is based upon the ground that the plaintiffs neglected to prepare and file a bill of exceptions. The original certificate of the clerk of the district court recites that the hill of exceptions attached to and made a part of the transcript is the original bill of exceptions. Subsequently, however, a new certificate of the clerk was attached to the record, from which it appears that that portion of…