Sims v. Capper

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The first question to be disposed of is raised by a motion of the defendant to dismiss the appeal as improvidently awarded, on the ground that the billof exceptions containing the evidence in the case was not signed by the trial judge within sixty days from the time at which the final judgment was entered, as required by statute (section 6252 of the Code).

On examination of the record we find that the final judgment was entered on April 21, 1920; that on June 18, 1920, within sixty days after the final…