Rankin County Savings-Bank v. Johnson
Mississippi Supreme Court
Motion to affii’m the judgment below for want of a valid bill of exceptions, and counter-motion to file a bill. As a rule, a bill of exceptions signed after the term is void. In order to make such bill good, it must appear of record that it was signed in the vacation succeeding the term at which the exceptions were taken, and in pursuance of an order of court entered, or the consent of the parties given during the term.
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Motion to affii’m the judgment below for want of a valid bill of exceptions, and counter-motion to file a bill. As a rule, a bill of exceptions signed after the term is void. In order to make such bill good, it must appear of record that it was signed in the vacation succeeding the term at which the exceptions were taken, and in pursuance of an order of court entered, or the consent of the parties given during the term. Code 1871, sects. 648, 651; Muller v. Ehlers, 1 Otto, 249. The plaintiff iu error neglected to tender a bill of exceptions to the judge for his signature within the time…
1Opinion of the CourtChalmers, J.
Defendant in error moves to affirm the judgment, because there is no legal bill of exceptions in the transcript.
Plaintiff in error insists that the bill of exceptions on file is valid; but, if it be ruled otherwise, he asks leave now to file one properly authenticated.
The objection to the bill of exceptions found in the record is twofold: first, that it was signed by the attorney who presided as special judge, instead of by the circuit judge; second, that it was signed in vacation.
It was settled in the case of Saunders v. Brown (MS. op.), that sect. 536 required the bill of exceptions to be…
2Cases cited1 opinion
- Williams v. RamseyMississippi Supreme Court · 1876
3Cited by6 opinions
- Cloverleaf Mall, Ltd. v. ConerlyMississippi Supreme Court · 1980
- Bowling v. Madison County Bd. of Sup'rsCourt of Appeals of Mississippi · 1998
- Bowden v. WilsonSupreme Court of Florida · 1885
- McGee v. JonesMississippi Supreme Court · 1886
- De Moe v. McLeodMississippi Supreme Court · 1956
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