Cato v. Chrystal Ice Co.

Citations

• 108 Miss. 667
• 67 So. 155

Syllabus

<p>1. Bill of Exceptions. Time for signing Toy judge. Failure of stenographer. Appeal and error. Presumption.</p> <p>Under paragraph “D” of chapter III, Laws 1910, providing that if the official stenographer fails to file the transcript in the time limited by law, , appellant • shall have forty days thereafter to prepare and present a bill of exceptions, as if there had been no stenographer, and the judge shall sign it in the time in which the stenographer had for filing the transcript. Since signing in such time would be a physicial impossibility, the only limit for signing is that prescribed by section 796, Code 1906, where there is no stenographer that is “Promptly.”</p> <p>2. Appeal and Error. Presumption. Time of presenting hill of exceptions.</p> <p>When the record discloses that a hill of exceptions was filed with, the circuit clerk before it was approved by the judge, but does not disclose when it was presented to the judge, the presumption is that it was presented to him within the time allowed by law.</p>