Peterson v. Estate of Bingaman

A motion for an order granting appellant additional time within which to complete and have allowed a bill of exceptions has been submitted herein.

The initial period within which an appellant may reduce his exceptions to writing is 40 days from the date notice of appeal is filed. § 25-1140, R. R. S. 1943; Cozad v. McKeone, 149 Neb. 833, 32 N. W. 2d 760. If he has acted promptly but has failed, without fault on his part, to secure a proposed bill of exceptions, the judge who tried the case is empowered, upon showing of due diligence, to extend by order entered in the case the time allowed by…