Hutchinson v. Burton

MR. JUSTICE ANGSTMAN:

(dissenting).

I think my associates are in error in holding that the bill of exceptions may not be considered.

That courts may relieve a person from his default in presenting the bill of exceptions within the time allowed by law has been well settled in other jurisdictions having statutes similar to our section 93-3905, R. C. M. 1947.

*295The courts of California under an identical statute have held that the court may grant relief under the statute for failure to file the bill of exceptions in time. Stonesifer v. Kilburn, 94 Cal. 33, 29 Pac. 332; Banta v. Siller, 121 Cal. 414,…