Oxford & Coast Line R. v. Union Bank of Richmond

Citations

• 153 F. 723
• 82 C.C.A. 609
• 1907 U.S. App. LEXIS 4450

Syllabus

<p>1. Exceptions, Bill of — Time foe Presentation and Allowance.</p> <p>A bill of exceptions cannot be considered by an appellate court unless it was duly presented to and allowed by the trial judge during the term at which the trial was had or within the time as extended by an order made during such term, or where there is a rule of court on the subject during the time so fixed, or an extension granted before its expiration.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 21, Exceptions, Bill of, § 72%.]</p> <p>2. Writ of Ereos — Record—Bill of Exceptions — Necessity.</p> <p>The record of a former trial of a case made a part of an agreed statement of facts on a second trial cannot be considered by an appellate court unless incorporated in a bill of exceptions or otherwise brought into the record sent to such court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 2433.]</p> <p>3. Exceptions, Bill of — Authentication — Necessity of Signature of Judge.</p> <p>Under Rev. St. § 953 [IT. S. Comp. St 3901, p. 696], which provides that a bill of exceptions shall be deemed sufficiently authenticated if signed by the judge of the court in which the cause was tried or by the presiding judge thereof, if more than one judge sat on the trial of the cause, without any seal of court or judge being annexed thereto, no bill of exceptions is sufficiently authenticated unless signed by a judge who sat at the trial within the time required by law, and the omission or failure to sign the same cannot be cured by a certificate of the judge that it was allowed, settled, and signed within such time.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig, vol. 21, Exceptions, Bill of, § 95.]</p> <p>McDowell, District Judge, dissenting.</p>