Pelham Manufacturing Co. v. Scaife

In answer to the rule nisi served upon him, his honor Judge Scaife does not deny that the statements of fact in the bill of exceptions pendente lite, which he was asked to certify, are true, though he states that his answer is made “without admitting the facts set out in the bill of exceptions pendente lite.” The question arises, therefore, whether the answer of the judge shows any reason why he should not sign the certificate to the bill of exceptions as presented to him. The reason assigned by the judge for declining to certify the exceptions pendente lite can best be given in his own…