Busby v. Lynn

Notwithstanding the judgment in this cause fails to show that notice of an appeal was given as required by law, yet the bill of exceptions sets out the fact, that notice of appeal to the Supreme Court was given in open court, and the presiding judge has signed the same as a true bill of excep*148tions, and this establishes the fact beyond controversy, that notice of an appeal was given, and that it was a mere clerical omission that such notice did not appear in the records of the canse. The plaintiff below had done all the law required of him, to entitle him to an appeal, and we- are of the…