Cleveland Provision Co. v. Murphy

OPINION

By LYNCH, J.

We will first consider this motion, and we think properly so, as one to strike the bill of exceptions from' the files, for the claimed reason that the same was not filed within the time provided by law. The record in this case shows that on November 22nd, 1933, a verdict was returned by the jury; that on November 24th, two days thereafter, a motion for a new trial was duly filed, and that on December 1, 1933, said motion for a new trial was overruled by the trial court, and a formal judgment on the verdict duly entered.

Without any attempt during that term of the Court of…