Dedman v. Scarce

Opinion by

Judge Lindsay:

The paper copied into the record, and termed by the clerk the “Bill of Exceptions,” lacks the signature of the judge who presided upon the trial of the action. In this condition it does not conform to the provisions of Sec. 367, Civil Code of Practice. The defect is one of substance, and not merely of form.

The order of court, showing that appellant tendered a bill of exceptions, which was signed by the court and ordered to be filed and made a part of the record herein, neither cures the defect, nor authorizes this court to treat the paper as a bill of exceptions. As…