Heffner v. Zeier

THE FACTS ARE STATED IN THE OPINION.

BY- THE COURT;

This case is submitted upon the motion filed ,by the defendant in error to strike the Bill of Exceptions from the files. It appears from the record that the motion for new trial was overruled on the 5th day of December, 1930. The Bill of Exceptions was not filed with the Clerk until it was allowed on January 24, 1931. This was more than 40 days after the motion for new trial was overruled. Counsel for defendant in error insist that the Bill of Exceptions was not filed within the time allowed by • the statute and is, therefore, invalid. We have…