Consolidated Traction Co. v. Whelan

The opinion of the court was delivered by

Magie, Chief Justice.

The assignments of error are all made upon the record. On behalf of defendants in error, it is urged that the court should not consider the questions thus raised -because a rule to show cause was allowed in the court below. But this contention is wholly without basis, first, because it does not appear in the record, nor is it otherwise shown that any rule to show cause was allowed; and second, because the allowance of a rule is only a waiver of bills of exceptions and merely debars the party holding such bills from assigning error…