Spencer v. Bartine

The opinion of the court was delivered by

Garrison, J.

This certiorari is brought to reverse a judgment of the Court of Common Pleas rendered upon an appeal from the court for the trial of small causes. A statement of certain facts, under the seal of the pleas, accompanied the return.

The pleas, when acting in this statutory capacity, has no authority to certify, the proceedings at the trial by sealing bills of exceptions. Moore v. Hamilton, 4 Zab. 532.

A v-oluntary return of such proceedings under the seal by the judge of the pleas is, in effect, a bill of exceptions, and hence unauthorized.…