111 F. 123 | 7th Cir. | 1901
(after stating the facts). Before the amendment of section 953, Rev. St., by the act above quoted, it was settled that the allowance and signing of the bill of exceptions can only be done by the judge before whom the case was tried. Malony v. Adsit, 175 U. S. 281, 20 Sup. Ct. 115, 44 L. Ed. 163. The amendment permits such allowance and signing by another judge thereafter holding the court when the judge before whom the cause was tried is, “by reason of sickness, death or other disability,” unable to allow 'and sign the bill of exceptions. Here the signing judge certified that the certificate was made by him and attached “in the absence of the trial judge from the circuit.” Is such absence from the circuit a disability, within the meaning of the statute ?' It is an accepted canon in the construction of statutes that “when particular words are followed by general ones the latter are to be held to apply to persons and things of the same kind as. those which precede.” Potter, Dwar. St. 236, 292. Thus, in Chegaray v. Jenkins, 3 Sandf. 409, and Same v. Mayor, 13 N. Y. 220-228, the statute in question exempted from taxation “incorporated academy or other seminary of ■learning,” and it was held that the exemption from taxation was limited to incorporated seminaries. In Cleaver v. Cleaver, 39 Wis. 96, 20 Am. Rep. 30, the statute saved a devise or legacy to “any child or other relation of the testator” in case of the death of the devisee or legatee before the testator. It was held in an elaborate opinion by
The motion is allowed.