Donovan v. Sherwin

This case is submitted to the court on a motion of the plaintiff to refile the bill of exceptions, and of the defendant to strike out certain affidavits from the transcript because not properly a part thereof. The cause was tried in the court below on the twenty-eighth of October, 1882, before Hon. William Gaslin- and a jury, and a verdict returned in favor of the defendant.. On the thirty-first of that month the plaintiff filed a motion for a new trial, which it is alleged Judge Pound refused to act upon. No bill of exceptions was prepared at this term, nor within forty days thereafter. At…