Mogote-Northeastern Consolidated Ditch Co. v. Gallegos

The defendant in error moves to strike out the bill of exceptions because it was not presented to the court below within the time allowed by that court.

It appears by affidavits filed in this court that the attorneys for the respective parties had some ¡conversations as to extension of time for presenting the bill of exceptions, but they do not agree as to what those conversations were.

We cannot try a question of veracity of attorneys as to their oral agreements made out of court nor correct their misunderstandings. If they trust to such uncertainties and do not take the prescribed and certain…