Teller v. Willis

Campbell J.:

Plaintiff in error moves to reinstate this case, which was dismissed as brought into Court too late. The affidavits show that the bill of exceptions, which was signed under a mandamus from this Court, was delayed, in its final settlement, at the request of the counsel for defendant in error. There was no laches in plaintiff in error, or his counsel, up to the time of signing the bill of exceptions. The Avrit was issued and served Avithin a year from that time, but more than two years after judgment.

We think there can be no doubt that the statute bar commences running from the…