Posey v. Beale

This is an appeal from the action of the circuit judge refusing to amend a bill of exceptions. The bill was signed, by agreement of counsel reduced to writing, within thirty days after the adjournment of the spring term of the Circuit Court, 1881, at which the cause was tried. The motion to amend and correct the bill was made at the ensuing fall term of the court, and was based on ex parte affidavits' and the oral testimony of witnesses which were proposed to be introduced for this purpose by the appellant. The circuit judge refused to receive both the affidavits and the oral evidence, and…