Mohoney v. German Insurance

A preliminary question arises on plaintiff’s motion to strike out the bill of exceptions, because filed out of time and without authority o£ law. It appears by the transcript that the defendant took an appeal on May 28,1890, and was then granted ninety days’ time within which to file a bill of exceptions. This time, excluding the first day and including the last as provided by section 6570 of the statute, expired on the twenty-sixth day of August. The court granted a further extension on the twenty-eighth of August in vacation, and the bill was not filed until September 8, 1890.

It was decided…