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10 Ohio Cir. Dec. 426

Briggs v. Rowley

Cuyahoga Circuit Court

Decided January 22, 1900

Cuyahoga Circuit Court · decided 1900-01-22

<p>BILL OF EXCEPTIONS.</p> <p>Caldwell, Marvin and Hale, JJ.</p> <p>Record must show Biee Submitted to Opposite Counsee.</p> <p>A judge lias no authority to allow and sign a bill of exceptions until submitted to opposite counsel, and that it was so submitted must be shown by the record. .</p>

Decided 1900-01-22

Caldwell, J.

¶1This case comes here on motion to strike off the bill of exceptions. The transcript does not show in this case that the bill of exceptions was ever submitted to opposite counsel; that is the ground on which it is asked to be stricken off.

¶2We think it is the intent and purpose of the Supreme Court, if it has not so held already, to hold that the judge has no authority to accept the bill of exceptions and to sign it until submitted to the opposite counsel, and that that must be shown by the record.

¶3Believing that we follow that court, we sustain this motion, and the bill is stricken off.

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