Joerns v. Irvin

This action was begun in the District Court in 1936. There was a verdict and judgment for the plaintiff in 1938, and an appeal was taken to this court. Subsequently counsel for appellee moved to strike the bill of exceptions, which had been submitted late and signed and settled, nunc pro tunc, after the time allowed by the rules. After due consideration by the whole court,1 the motion was granted on the authority of Cannon v. Tinkham, 69 App.D.C. 98, 99 F.2d 133, and cases cited there. Motions by counsel for appellant to reconsider were thereafter denied, and when the case was reached for…