| Wis. | Aug 21, 1861
By the Gourt,
These are several applications on behalf of the appellants, Tait and Sherry, for an order directing the present judge of the tenth circuit to settle and sign bills of exceptions in the above causes. The actions were tried before the predecessor of the present j udge. The practice in this state has been for tbe person before whom a cause was tried to settle the bill of exceptions, although he was no longer judge. And it seems to us that he is the only person who can settle the bill of exceptions, for the plain reason that he alone knows what took place on the trial. How can the present judge settle a bill of exceptions? He knows nothing about what testimony was given on the trial, or what exceptions were taken to the admission or exclusion of evidence, or what instructions were given to the jury upon which questions of law arise. He must necessarily be ignorant of all these matters; and yet we are asked for an order directing him to give a true history of them, and settle a bill of exceptions which shall become a part of the record
The application for an order in each case must therefore be denied.