Kellogg v. Huntington, Sharp & Co.

This action was commenced in the probate court of Lancaster county. On the trial of the cause no jury was demanded, and it was therefore tried before the probate judge. The case was taken on error to the district court, and is now brought on error here. The only matter comjdained of as error occurringat the trial of the cause in the probate court is contained in what purports to be a bill of exceptions, signed by the probate judge. Can a bill of exceptions be taken to the rulings of a probate judge, upon questions of law arising during the progress of a trial before him without a jury?

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