Berner v. Jordan

This appeal is from a judgment in an action at law tried to the court. Errors assigned relate to a ruling on evidence and to the sufficiency of the evidence to sustain the judgment. There was no detailed report of the trial made by a reporter and appellant elected to preserve the objections, rulings, exceptions and necessary evidence in the form of a bill of exceptions. This procedure has been challenged by appellee on various grounds, of which only one need be considered, to wit, that the bill of exceptions was not filed in time. Section 11538, Code of Iowa 1939, requires such filing within…