Duke v. Kelly

In this case the hill of exceptions was presented to the presiding judge on October 19, 1909, and the certificate thereto was signed December 14, 1910. The certificate recites that the bill of exceptions was presented in time and.was “held for consideration.” Below the certificate is a statement signed by the judge as follows: “Bcc’d October 19th, 1909, and held for examination.” No application was made to ibis court to require the judge to certify the bill of exceptions. Civil Codo (1910), § 0158, provides: “If the judge shall determine that ihc bill of exceptions is not true, or does not…