Goetzinger v. Woodley

ROSE, Circuit Judge.

The plaintiffs in error, who occupied the same position below, assign as error the entry of a compulsory nonsuit at the close of their evidence and the exclusion of certain testimony offered by them. These are matters which cannot be considered by us, unless the facts out of which they arose are made to appear by a proper bill of exceptions. While the suit was brought as far back as 1916, it was not tried until the January special term in the year 1926. On the 28th of January, after the judgment complained of had been entered, an order was made giving 90 days to file and…