Witte v. Franklin Fire Ins. Co. of Philadelphia

GARDNER, Circuit Judge.

Appellant brought two actions against the appellee to recover on two fire insurance policies. The cases were consolidated for purposes of trial, and, at the conclusion of the testimony of the appellant, the court directed a verdict in favor of the appellee. An appeal was perfected, and there are now presented by appellee two motions, one to dismiss the appeal, and the other to strike the bill of exceptions.

The motion to dismiss the appeal is urged on the ground that the record was not proffered for filing in this court until after the court had lost jurisdiction to…