Louisville & Nashville Railroad v. McDonald

Citations

• 79 Miss. 641

Syllabus

<p>ON MOTION TO STRIKE OUT BILL OF EXCEPTIONS.</p> <p>1.- Bill of Exceptions. Extension of time. Laws 1896, p. 91.</p> <p>Under the act of 1896 (Laws 1896, p. 91), regulating the preparation and authentication of stenographers’ notes and hills of exceptions, the judge in vacation, before the expiration of the sixty days allowed by law therefor, can extend thirty days additional time within which a bill of exceptions may be prepared and authenticated. Code 1892, § 4241.</p> <p>2. Same. Court, Judge in vacation.</p> <p>While a judge in vacation is not the court, yet the term “court,” used in a statute, will be interpreted to mean a judge in vacation where necessary to effect the intention of the legislature.</p> <p>ON THE MERITS.</p> <p>3. Drawbridge. Loss of schooner. Question of fact. Supreme court practice.</p> <p>In an action against the owner for a failure to open his drawbridge whereby a schooner was lost, a judgment for the plaintiff will not be reversed, when the record shows conflicting evidence on the material questions of fact and no error of law prejudicial to defendant.</p>