Mason v. Phelps

Motion by plaintiffs in error to strike out exceptions as being unlawfully settled, and to remand the case for a new trial because the exceptions cannot now be settled. The facts are that the case was tried by a circuit judge who soon afterwards went out of office, and the bill of exceptions was settled by his successor. The parties agreed entirely on the form of the bill, and there is no complaint of error in it.

The statute (Laws of 1879, p. 5), expressly provides for the settlement of exceptions by the successor of the judge who tried the case, under circumstances like these. If the…