Smith v. Hannibal & St. Joseph Railroad

This was an action in the nature of a bill in Chancery for title to a tract of land.

A bill of exceptions was presented to the judge who tried the case, to be signed by him; but he refused to sign it on the alleged ground that it was not true in regard to certain instructions which the bill contained, under § 29, 2nd Wagn. Stat., 1044. The judge certified thereon the cause of his refusal, and thereupon, each party filed affidavits in regard to the matter in the bill of exceptions, alleged to be untrue; one in support of it, and the other against it.

The practice act (2 Wagn. Stat., 1044, § 30,)…