Haverly Invincible Mining Co. v. Howcutt

The original record in this case contains the following entry: “By agreement of the parties, this cause is heard by J. T. McNeely, Esq., sitting in place of the court.” That portion of the record purporting to be a bill of exceptions is signed by J. T. McNeely An examination of this so-called bill of exceptions discloses the facts that McNeely impaneled and instructed the jury, swore the witnesses, received the verdict, heard and overruled the motion for a new trial and rendered the judgment appealed from. It is unnecessary for us to determine whether or not we should ignore the contents of…