Ferster v. Ferster

Duckworth, Chief Justice.

The certificate of the trial judge reflects that the bill of exceptions, including a brief of evidence, was tendered in the time provided by law but returned to counsel because he, the trial judge, “preferred to have such transcript of the oral testimony prepared by the court reporter rather than briefed by counsel,” hence any delay in the review of this case is due to the preference of the trial court, and there is no merit in the motion to dismiss the bill of exceptions. Nor is there any merit in the cross bill raising the same question in the lower court.

“Full…