Costello v. Ferrarini

Citations

• 165 F. 379
• 1908 U.S. App. LEXIS 5376

Syllabus

<p>1. Exceptions, Bill of (§ 50*) — Piu-ai; station fob Allowance.</p> <p>Where a draft of a bill of exceptions is presented, to the trial judge for allowance within the time proscribed by rule 17 of tho Circuit Court, it is immaterial wlidhor it is so presented by the party, his counsel, or the ■clerk of the court, although U is doubtful if any duty to present it rests upon the clerk merely because it is filed.</p> <p>[Ed. Note. — Tor other cases, see Exceptions, Bill of, Dec. Dig. | 50.*]</p> <p>2. Exceptions, Bill of (§ 41*)— Pk&sentv«o±\\ fob Allowance — Tmn fob Allowance.</p> <p>An order, entered by a Circuit Court at the end of a term, that “all things not acted on stand continued,” reserves the court’s control over a draft bill of exceptions, which has been presented for allowance, but not acted on, and the same may be aliened at the succeeding term.</p> <p>[Ed. Note. — -Tor other cases, see Exceptions, Bill of, Cent. Dig. §§ 65, GG; Dee. Dig. § 41.*]</p>