Elliott v. Kraus

The motion for a new trial in this case was overruled on November 19,1929; no time was given at that time for filing a bill of exceptions. Two days thereafter, the appellant asked for 60 days’ time within which to file a bill of exceptions; the bill was filed within that time. Appellee in his brief says that this court judicially knows that the November term, 1929, of the Clark Circuit Court convened on the third Monday in November (November 18, 1929); that January 11, 1930, the date when the bill of exceptions was filed, was not at the November term, 1929, but was after the end of the term.

Th…