City of Fallon v. Churchill County Bank Mortgage Corp.

[REPORTER'S NOTE — The following opinion was not reported in Volume 56 for the reason that it was deemed advisable to await the final disposal of the matter and report all phases of the case in the same volume.] The proposed bill of exceptions was not served on respondent until April 15, 1935, at least fifteen days after expiration of the twenty days allowed by law therefor. Section 9398 N.C.L. And it was never filed in the court below.

Obviously, section 9386 N.C.L. relied upon by respondent does not apply to a case where a proposed bill is not filed in the trial court at all, and does not…