Atchison, Topeka & Santa Fe Railroad v. Benthien

The opinion of the court was delivered by

Schoonover, J. :

The defendant in error challenges the right of plaintiff in error to be heard in this court *638for the reason that the case-made is not signed and settled as required by law. The following is the certificate appended to the case, omitting the signature of the judge and clerk.

"And now, on this 19th day of August, 1893, comes the defendant, the Atchison, Topeka & Santa Fe Railroad Company, and presents the above and fore? going made case for settlement and authentication. And it appearing to me that said made case has been duly served upon…