Shepherd v. Adams Express Co.
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Action by W. E. Shepherd against the Adams Express Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Brannon, Judge:
We cannot consider evidence or instructions, since the bills of exceptions presenting them cannot be considered. There is no certificate of the judge to the clerk certifying them to him to be filed as made within thirty days of the term. This certificate is the final act of the judge, his final act of authentication. If exceptions are made in term, though ever so formally executed by the judge, no one would say they were part of the record without a court order. If in vacation, this certificate and order of the judge take the place of court order. It is the final act. The…
2Cases cited1 opinion
- State v. BlairWest Virginia Supreme Court · 1908
3Cited by3 opinions
- Kelley & Moyers v. BowmanWest Virginia Supreme Court · 1910
- Monongahela Railway Co. v. WilsonWest Virginia Supreme Court · 1940
- Perkins v. HannaWest Virginia Supreme Court · 1945