Van Duzer v. Towne

ON KEHEABING.

Wilson, J.

After careful consideration of the arguments advanced and earnestly urged by counsel on rehearing, we see no reason to change our views on the material questions involved. We adhere to the opinion that an order extending the time within which the bill of exceptions could be settled and filed, as well as an order fixing the time originally, are judicial acts, and therefore without the power of the court or judge to make them, except in term time. The contention of the defendants would lead to the ultimate result that the words “ court ” and “ judge ” are used in the code…