VALLEY CONCRETE PIPE CO. v. City of Albany

This case comes up on a motion by the plaintiff-respondent to strike the bill of exceptions from the files. A judgment on the verdict of a jury was entered against the defendant City of Albany in the sum of $19,560.25 and defendant appealed. If the bill of exceptions is stricken it will be beyond the power of this court to consider substantial issues concerning the rights of the respective parties. Because of the importance of the question the court deems it necessary to set forth the facts.

The complaint was filed on 24 September 1953. Judgment for the plaintiff was rendered and filed on 7…