
    *Allen Crittenden v. Sarah C. Schermerhorn.
    
      Bill of exceptions: Circuit judge: Stipulation. A bill of exceptions settled by the circuit judge who tried the cause, under the permission of a stipulation between counsel for the respective parties, after the judge had retired from office, is a nullity. A stipulation of the parties could confer no such authority.
    
    
      Practice: Benefit of exceptions lost from causes beyond control of party. The plaintiff in error having lost the benefit of his exceptions from causes beyond his control, the judgment against him in the court below is reversed, and a new trial ordered, the costs to abide the event of the suit.
    
      Submitted on briefs January 5.
    
    
      Decided January 9.
    
    Error to Washtenaw Circuit.
    
      Joslin <& Whitman, for plaintiff in error.
    
      Uhl <& Grane and L. D. Worms, for defendant in error.
    
      
       See Sec. 7613 Howell’s Annotated Stats, and note on settling bill of exceptions after death, resignation or expiration of term of office, or other cause. Stipulation of counsel agreeing upon a bill of exceptions is not sufficient, unles3 signed by judge or clerk: MeCathron v. McCalhron, Nos. 3 and 4 N. W. Rep., Vol. 17, p. 265, CNeb.)
    
   Cooley, Oh. J.:

In this case the bill of exceptions was settled by the judge who tried the cause, after he had retired from office. It appears, however, to have been done under the permission of a stipulation entered into by counsel for the respective parties.

The defendant in error now raises the objection that a stipulation could confer no such authority. The point is well taken. But it does not follow that the judgment should be affirmed. On the contrary, where a party has lost the benefit of his exceptions from causes beyond his control, it is proper to give him a new trial; and this we have done in some cases where the judge’s term of office expired before exceptions could be settled. The judgment will therefore be reversed and a new trial ordered, the costs to abide the event of the suit.

The other justices concurred.  