Beavers v. Lesueur

Bell, Justice.

There is a motion by the defendants in error to dismiss the writ of error based upon the present bill of exceptions. This motion to dismiss is well taken, and must be sustained.

In so far as the bill of exceptions attempted to assign error upon the original order overruling the demurrer, and not on the exceptions pendente lite, it was fatally defective for the reason that it was not presented to the trial judge within 60 days from the date ■of the ruling complained of, and was too late, regardless of when the court may have adjourned. Code, § 6-902.

In so far as it was based on…