Severson v. Milwaukee Mechanics' Mut. Ins.

Citations

• 3 S.D. 412
• 53 N.W. 860
• 1892 S.D. LEXIS 90

Syllabus

<p>1. Section 5068, Comp. Laws, providing that if a judge die, is removed from office, becomes disqualified, or removes from the state, before settling a bill of exceptions or statement in a case which he has tried, it shall be settled and certified in such manner as the supreme court may by its order or rules direct; was only intended to supply a manner in which a bill might be settled in a ease in which otherwise none could be settled.</p> <p>2. It was hot intended that under it this court should first examine into the circumstances and merits of each application, and determine whether or not the party so applying was entitled to have a bill settled.</p> <p>3. When the exigency named in the section, to wit, the death, disqualification, or absence of the trial iudge, is shown to exist, it is the duty of this court, under said section, to direct some manner in which a bill may be settled.</p> <p>4. This will generally be done by authorizing some other judge to act in the matter; and bis decision, either in settling or declining to settle a bill, will be subject to review in the same manner as if such action were taken by the trial judge.</p> <p>(Syllabus by the Court.</p>