Melville Fuller

“ Rep. 107:
'An appeal cannot be said to be 'taken' any more than a writ of error can be said to be 'brought' until it is, in some way, presented to the court which made the decree appealed from, thereby putting an end to its jurisdiction over the cause, and making it its duty to send it to the appellate court.' There the appeal was allowed by Mr. Justice Miller on the last day on which an appeal could be taken (Rev. Stat. § 1008) , but was not presented to the court below nor filed with the clerk until five days after the prescribed time had expired. ”

“ Petitioner contends that the delay in settling the bill of exceptions was not its fault, but was attributable to the judicial engagements of the trial judge, and that until the bill of exceptions was settled its counsel could not intelligently prepare the assignment of errors which should accompany the petition for the writ of error. But the assignment of errors does not require the previous settlement of the bill of exceptions, and can be formulated before that takes place. ”

“ Rep. 369; Credit Co. v. Arkansas C. R. Co. 128 U.S. 258, 32 L. ed. 448, 9 Sup. Ct. Rep. 107; Farrar v. Churchill, 135 U.S. 609, 34 L. ed. 246, 10 Sup. Ct. Rep. 771; Conboy v. First Nat. Bank, 203 U.S. 141, 51 L. ed. 128, 27 Sup. Ct. Rep. 50. ”