14 Neb. 452 | Neb. | 1883
In this case a motion has been made to quash the bill of exceptions respecting the evidence and proceedings upon the trial. The ground of the motion is, that the bill was settled and allowed by the clerk of the court and not by the presiding judge.
Still another reason was urged in argument by counsel, viz., that the allowance of the bill, even if the clerk were authorized to make it, was too late. This point, however, is not included in the motion, and cannot now be considered.
It appears that the parties by their attorneys agreed upon the bill of exceptions, as to what it should contain, so that, under the statute, sec. 311 of the code of civil procedure, the clerk had authority to act, even if the judge were at the time within the district and able to do so. Comp. Stat., 571.
From the fact that affidavits have been filed respecting the ability of the judge to have acted in this matter — on the part of the plaintiff to show his absence from the dis
Motion overruled.