Duke v. Trippe

By the Court.

Nisbet, J.

delivering the opinion.

The parties joined issue in this case, with a protestation on the part of the defendant in error, and he moved to dismiss the writ upon several grounds.

[1.] The writ was dismissed—

1. Because notice of the signing of the bill of exceptions was not filed in the Cleric’s office of the Court below.

2. Because the Clerk of the Court below did not certify and send up to this Court, a transcript of the record and the bill of exceptions, within the time prescribed by law and by the 31st Rule of this Court.

Both of these questions have been before this Court…