Sherwin v. O'Connor

This a motion to. quash the bill of exceptions. The reason 'assigned is, that the said bill, together with the amendments thereto proposed by the defendant, was not presented to the Hon. S. B. Pound, the judge who heard and tried the cause, to settle and allow the same within ten days after the same was returned to the plaintiff in error, upon five days’ notice, etc.

A motion to dismiss is technical in its nature, and will be strictly construed. The provisions of law for the settlement and allowance of bills of exceptions are to be found in section 311 of the civil code. It is provided that, “…