Hughes v. Henderson

The plaintiff has filed a motion to dismiss the appeal, alleging therefor the following .grounds, to-wit: (1) That abstract of the record filed by the defendant nowhere shows that a bill of exceptions was filed in the cause (2) nor that an order was made granting an appeal in the cause.

An examination of it has failed to disclose an entry in the record proper showing that the bill of exceptions was filed. It is true that in the concluding part of the bill it is stated that the ‘ ‘ defendant prays the court to settle and allow his bill of exceptions and that the same may be signed, sealed and…