Malone v. Evans

The bill of exceptions recites that the motion for new trial was heard and overruled at chambers in vacation on “the fifth day of March, 1946,” but the order overruling the motion, a part of the record in this court, recites that the motion was overruled on the fourth day of March, 1946, which was more than thirty days before the bill of exceptions was tendered on April 4, 1946. If the motion was overruled on March 4, as the record shows, the bill of exceptions was not tendered within thirty days from the date of the decision at chambers complained of, as required by the Code, § 6-902, and…