Rankin County Savings-Bank v. Johnson

Citations

• 56 Miss. 125

Syllabus

<p>1. Bill os’Exceptions. By whom signed. Special judge.</p> <p>A bill of exceptions must be signed by the regular judge of the court, although a special judge presided at the trial; and a bill signed by the special judge is insufficient.</p> <p>2. Same. When signed. ■ Time and formalities when in vacation.</p> <p>Generally, a bill of exceptions must be signed during the term of court at which the trial takes place; and if signed in vacation, it must, in the absence of an uncontrollable necessity, be signed before the next succeeding term; while in every case of signing in vacation, an order of court or consent of parties must be entered on the minutes of court at the term of th'e trial, as stated by Peyton, O. J., in Williams v. Ramsey, 52 Miss. 851, or such consent must be given in open court at such term, and so certified in the bill of exceptions, as stated by Simrall, J., in V. $ M. R. Go. v. Ragsdale, 51 Miss. 448.</p>