Reichenbach v. Ruddach

Citations

• 121 Pa. 18
• 15 A. 488
• 1888 Pa. LEXIS 647

Syllabus

<p>1. Where a bill of exceptions has been presented for settlement within the time prescribed, and the opposing counsel has a report of the trial taken by the stenographer appointed by both parties, upon which report so taken all the negotiations for a settlement were based, without intimation given that the counsel would not regard the copy in his possession as a copy of the bill, until it is too late, he will be held to have waived a strict compliance with the rule requiring forty-eight hours notice, with . a copy of the bill, before the judge shall be required to seal the same.</p> <p>2. To an alternative writ under the statute of Westminster II., commanding a bill of exceptions to be sealed, a return by the judge averred that said bill “ is not a true bill of exceptions, and does not state the exceptions in manner and form as they were taken upon the case: ” Held, bad for uncertainty, in that it was not stated in what respect the exceptions were deficient.</p>