Crusenberry v. Norfolk & Western Railway Co.

Respectfully, I dissent.

In order to arrive at a proper decision of this case, I believe it is beneficial to consider legal principles which were applicable to bills of exceptions and certificates in lieu thereof which were authorized and prescribed by Code, 1931, 56-6-35 and 36 before those statutes were superseded by the Rules of Civil Procedure, particularly by R.C.P. 80 (a). The jurisdictional aspect of bills of exceptions or certificates in lieu thereof has been sometimes stated loosely, broadly, and perhaps inaccurately.

This Court held many years ago that bills of exceptions signed after…