Lofton v. Garrison

1. Where a bill of exceptions is presented in the time prescribed by law, the failure of the judge to sign it within the prescribed time — regardless of the reasons which influence him to postpone his signature — is no ground for dismissal of the writ of error, unless it appears that his failure to sign and certify in due time was caused by some act of the plaintiff in error or his counsel. In the present case it appears that the presiding judge deferred certifying the bill of exceptions until he could conveniently confer with counsel for both parties on a review of the brief of the evidence…