Kocher v. Ricketts

This appeal is submitted on a motion of the appellees to strike the bill of exceptions from the files for the reason that this court, on September 13, 1941, directed the appellants to file and have settled in the trial court a bill of exceptions, which bill of exceptions was not filed and settled until October 20, 1941.

Certain procedural matters and the chronological steps with respect thereto will be set forth, so that we may have an appreciation of the question presented by the motion, which question is novel,, and, insofar as' we can learn, has not heretofore been passed upon by any court…