Schwartz v. Mandel

A motion made by appellee to strike the so-called bill of exceptions from the files and to affirm the judgment of the trial court for want, of a sufficient bill of exceptions, was reserved to the hearing.

An examination of the record and the so-called bill of exceptions therein discloses that the same is not under the seal of the certifying judge. It is therefore not a bill of exceptions, as it fails to fulfil the functions of such an instrument in not being under seal. In this condition of the record—an omission as much the fault of the judge as the counsel, and undoubtedly an oversight of…