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MALONY v. ADSIT

No. 67.

175 U.S. 281 (1899)

20 S.Ct. 115

44 L.Ed. 163

MALONY v. ADSIT.

Supreme Court of United States.

Decided December 4, 1899.

Attorney(s) appearing for the Case

Mr. L.T. Michener for appellant. Mr. W.W. Dudley and Mr. Oscar Foote were on his brief.

Mr. S.M. Stockslager for appellee. Mr. George C. Heard was on his brief.

MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.

An inspection of this record discloses that the bill of exceptions was not settled, allowed and signed by the judge who tried the case, but by his successor in office, several months after the trial. It is settled that allowing and signing a bill of exceptions is a judicial act, which can only be performed by the judge who sat at the trial. What took place at the trial, and is a proper...

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