Lum v. Hoag
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This is a motion to strike out the bill of exceptions herein, for two reasons; 1. Because it was not filed within ten days after it was settled as required by circuit court rule 14; and 2. Because it purports to contain all the testimony, while it appears bj tbe bill itself, that various written instruments, wbicb are not set out therein, were read in evidence on tbe trial.
1Opinion of the CourtLyON, J.
I. The first ground assigned for striking out the bill of exceptions, is not available in this court. The motion, so far as it is predicated upon the failure to file the bill with the clerk of the circuit court, within ten days after it was settled and signed, should have been made to the circuit court. It was so held in Castleman v. Griffin, 13 Wis., 535. That case is decisive of the question.
II. Tbe bill of exceptions shows that a large number of written instruments were given in evidence, on the trial of the action, and marked as exhibits, none of wbicb were set out at length in the bill.…
2Cases cited2 opinions
- Oliver v. TownWisconsin Supreme Court · 1869
- Castleman v. GriffinWisconsin Supreme Court · 1861
3Cited by1 opinion
- Harden v. CardWyoming Supreme Court · 1906