United States v. Payne

WILBUR, Circuit Judge.

This is an action on a policy of war risk insurance. At the outset the appellee moves to strike out the bill of exceptions for the reason “that it was neither lodged, presented, settled, signed, filed, nor authenticated within the time provided by law or the rules of the United States District Court for the Western District of Washington nor within the term of court at which the trial herein was had, nor within any valid extension of the term.” The bill of exceptions was approved and certified by the judge on April 24, 1933, in pursuance of an agreement of counsel that…