Schneider v. Kessler

BIGGS, Circuit Judge.

In this case one exception was taken by the appellants at the trial. This exception was based upon the refusal of the trial court to dismiss the cause at the close of the plaintiff’s testimony upon his case in chief, it being the contention of the appellants that the plaintiff had made no case. No bill of exceptions has been settled or signed by the trial judge and none is part of the record before us. We must therefore refrain from expressing any opinion as to the merits of the controversy involved. The ruling of the federal courts in this respect has been well settled,…