Prescott

Upon trial of this action, judgment was rendered for the defendant. Subsequently, Julius Lee, Esq., subscribing himself “ Attorney for Plaintiff,” served upon the attorney for the defendant a notice of intention to move for a new trial, and in due time thereafter presented to the Judge who tried the cause a proposed bill of exceptions in support of the motion for a new trial. The regularity of the service of the notice and presentation of the bill of exceptions were duly objected to by the attorney of the defendant, on the ground that Mr. Lee was not the attorney of record of the plaintiff, and was therefore not competent to give a notice or present' a bill of exceptions in the cause. These objections were duly noted and preserved in the bill of exceptions sent up in the record. The Court below denied the motion of the plaintiff for a new trial, and thereupon Mr. Lee, as attorney for the plaintiff, filed a notice of appeal from the judgment and order denying a new trial, and caused service thereof to be made upon the attorney for the respondent, by transmission of a copy through the post-office.

At the argument here, the appeal from the judgment was dismissed, because not brought…