Deck v. Smith

Maxwell, Cn. J.

This is a motion filed on behalf of the defendant in -error to quash the bill of exceptions. The plaintiff was granted forty days from the rising of the court to prepare a bill of exceptions. Court adjourned sine die on the 21st day of March, 1880. On the 24th of April of that year, the attorney for the plaintiff prepared the bill and submitted it to the attorney for the defendant. _ This bill was retained in the office of the defendant’s attorney until the 7th day of June of that year. The reason assigned for the delay by the attorney of the defendant in his affidavit is “…