56 Neb. 251 | Neb. | 1898
This is an original application for a writ of mandamus to require the respondent, one of the judges of the district court of Douglas county, to settle, allow, and sign a bill of exceptions. The case of the Western Seed & Irrigation Co. against Robert B. Morton and others was tried before the respondent during the September, 1897, term of said court and resulted in a verdict for defendants. The plaintiff moved for a new trial, and its motion was
Prior to 1895, section 311 of the Code of Civil Procedure, so far as it is material to this inquiry, was as follows: “When the decision is not entered on the record, or the grounds of objection do not sufficiently appear in the entry, the party excepting must reduce his exceptions to writing within fifteen (15) days, or in such time as the court may direct, not exceeding forty (40) days from the adjournment sine die, and submit the-same to the adverse party or his attorney of record for examination and amendment if desired.” There was much diversity of opinion among the members of the bar as to whether the time limited in this section for the settlement of a bill of exceptions commenced to run from the adjournment of the term at which the trial was had or from the adjournment of the term at which the result of the trial was judicially declared and entered of record. The construction of the law by the district judges was not uniform 'and the decisions of this court left the matter in some doubt. After an exhaustive review of our cases bearing upon this question Mr. Commissioner Irvine in State v. Ambrose, 47 Neb. 235, stated the conclusion of the court in the following language: “Where a trial has been had and a motion for a new trial sustained, the time for preparing a bill of exceptions em
Denied.