J. C. LOWRIE, Appellant, vs. CRUSOE BROTHER & COMPANY, Appellees.

[January Term, A. D. 1879.]

Before His Honor C. L. Parsons, Chief Justice, and the Honorable Associate Justices, J. E. Moore and James M. Priest.

MOTION TO DISMISS APPEAL.

Crusoe Brother & Company respectfully motion this honorable court to dismiss the case, J. C. Lowrie, appellant, vs. Crusoe Brother & Company, appellees, and rule the appellant to pay costs, because the record in this case as filed in the Clerk’s office does not appear to be signed by the judge of the lower court who tried the case. According to the practice of this court, the said record should be certified by him.

Respectfully submitted, J. J. Ross and W. M. DAVIS, Counsel for Appellees.

COURT’S RULING.
The motion of the appellees to dismiss the case, because the record does not appear to be signed by the judge of the lower court, has been considered by this court. Every act of the court, unless otherwise directed by law or rule of the court, should be authenticated by the signature of the clerk and the seal of the court. (Lib. Stat. p. 30, Sec. 2.)It is not made necessary by the law that the judge should affix his signature, though it is for him to do so to the bill of exceptions, and to approve the bond.

Upon examination of the record the court finds them properly authenticated by signature of the clerk and seal of the court, and that the bill of exceptions was signed and the bond approved by the judge. The court therefore overrules the motion.

Supreme Court, February 6th, 1879.