Eubank v. Industrial Commission

OPINION

This matter is before the court on a motion to strike the bill of exceptions Irom the flies in this cause, for the reason that said bill of exceptions was not filed in the Court of Common Pleas within lorty oays from the date of the overruling of the motion for a new trial.

The motion for a new trial was overruled by the trial court on June 3rd, 1937, and the bill of exceptions was not filed m the Court of Common Pleas until July 16, 1937, which would be more than forty days from the overruling of the motion for a new trial.

Sec 11564, GC, provides for the filing of the bill of…