Brownell & Co. v. Fuller

This case is presented on a motion to quash the bill of exceptions. The order of allowance is signed “Albyn L. Frank, Clerk Dist. Court, by J. D. Harris, Deputy.” The principal grounds of the motion are that there is no showing that the judge was prevented by sickness or absence *587from his district from allowing the bill, and that the deputy clerk is in no instance authorized to perform such an act. The former ground seemed to be well taken when the motion was filed, but plaintiff in error has since tendered an additional transcript containing the affidavit on which the clerk was authorized to…