Small v. Haskins

The opinion of the court was delivered by

Redeield, Ch. J.

The defendant in error moves to dismiss the writ upon the ground that the questions of law attempted to be revised .are not part of the record in the case, except as they are made such by virtue of two bills of exceptions, neither of which were allowed, according to section 44 of chapter 28 of the Compiled Statutes.

The first bill of exceptions filed in the case is not allowed or signed by the presiding judge at the trial, which is expressly required by the section referred to. The last bill of exceptions, although signed by the…