2 How. Pr. 102
Decided February 15, 1846
New York Supreme Court · decided 1846-02-15
Motion by defendant to set aside an order of the circuit judge, granting a new trial to the plaintiff. This cause was tried 3d February, 1844, at the Albany circuit; a verdict was rendered for all of the defendants. Exceptions were taken by plaintiff’s attorney on the trial to the ruling of the circuit judge. A bill of exceptions was afterwards made out. by plaintiff’s attorney, and a copy served on defendants’ attorney.
Decided 1846-02-15
¶1The case was improperly noticed for argument; it was in fact a bill of exceptions; but was not signed by the late circuit judge, therefore was not in a situation to be noticed. On the other side they have been dilatory.
¶2Decision.—The rule taken by default in December last va*103cated, and the bill of exceptions referred, back to the late cir cuit judge for resettlement and his signature.