McWilliams v. Walthall

(Atlanta,

BILL OF EXCEPTIONS—CERTIFICATION— DEFECT NOT CURED—MANDAMUS.—A bill of exceptions, not properly certified, will be dismissed. If it comes up without any certificate, the defect is not cured by having- the Clerk below subsequently examine it, describe it, and then certify that the paper so described is the true original bill of exceptions, etc., as required by the statute. The remedy to supply such a defect is mandamus. (R.)

The bill of exceptions in this cause was filed below on the 30th of September, 1869, hnd returned to December Term, 1869, of this Court. It was continued, upon a…