
    Milvehal v. Milward.
    (General Term,
    April, 1853.)
    To prevent a failure of justice, the court will order a bill of exceptions, when s case containing the exceptions has been properly settled, to be signed by the clerk, in the name of a deceased judge, who had tried the cause.
   Such an order was made by the court in the above cause, with the assent of all the judges. Upon the bill of exceptions so signed, the cause has since been heard in the Court of Appeals, and the judgment of this court affirmed.  