Bennett v. Dayton Memorial Park & Cemetery Ass'n

OPINION

By WISEMAN, J:

Submitted on motion of the defendant, The Winters National Bank and Trust Company of Dayton, to strike from the files the bill of exceptions heretofore filed by George R„ Walker, defendant-appellant, on three grounds:

First, the bill of exceptions was not allowed and signed by the Referee and returned with his report to the Common Pleas Court, as required by law.

Second, the bill of exceptions was not allowed and signed by the Referee within the time required by law.

Third, the bill of exceptions was not before the Common Pleas Court at the time of the entry of judgment on…