Longest v. Tyler

Opinion by

Judge Pryor :

The preliminary question made by counsel for the appellee dispenses with the necessity of determining this case upon the merits. This court during the present term in the case of Conner v. Seabolt adjudged that the bill of evidence accompanying the record could not be regarded for the reason that it was not filed within the time prescribed by law. The motion for a new trial in the present case was overruled on the 3rd of July, 1875, and the time to prepare and file a bill of exceptions extended to the 8th of the month; a further extension was then made until the 27th of…