Jackson ex dem. Abel v. Miller

Where the testimony in a case has been settled by a circuit judge, according to the practice of this court, we will not examine its accuracy on affidavit; and order it referred for correction, unless there be a very plain mistake. He hears the witnesses, and takes minutes of their testimony, which he has before him; and is, therefore, more competent to settle the testimony than this court. The motion must be denied.

Motion denied.