Demier v. Durand

By the Court,

Paine, J.

In this case a bill of exceptions was duly settled by the judge, both parties appearing. Af-terwards the appellant’s counsel persuaded him to sign another, which he did however at the appellant’s risk, stating that he was not aware of any practice or law authorizing such a proceeding. A motion was made here to dismiss the appeal, upon affidavits showing that no notice was given of the settlement of the second bill, and upon the ground that the printed case included both bills of exceptions so mingled together that it was difficult if not impossible to separate them. But…