Goodrich v. Downs

Headnote

Where an order was granted by a circuit judge giving twenty days to make and serve a bill of exceptions, with a stay of proceedings in the meantime, and before the expiration of the twenty days another order was granted by the- judge directing that “ the time to make and serve a bill of exceptions be further extended thirty days,” but saying nothing about a stay of proceedings; held, that the second ordef did not operate to stay the proceedings beyond the time mentioned in the first.

The plaintiff having been nonsuited at the trial, the circuit jttdge made an order as follows: “ Let the plaintiff have twenty days to make and serve a bill of exceptions, and in the mean

time let all proceedings on the part of the defendant he stayed.” .Afterwards, and before the twenty days had expired, the judge made another order in these words: “ Let the time to make and serve a bill of exceptions be further extended thirty days.” After the first order had expired, and during the running of the last, the defendant perfected judgment, which