Proctor v. United States Fidelity & Guaranty Co.

I concur in the decision rendered in this case, but only because it appears from the dated and signed bill of exceptions that it was not prepared and signed by the attorneys, and therefore could not have been presented to the judge, within the twenty-day period as prescribed by law. The test is, not when the judge signed the bill of exceptions, but when it was presented; and therefore the fact that it *778was signed by the judge after the expiration of the twenty days would not be conclusive as to the time of its presentation where the bill of exceptions contains a recital that it was tendered…