Holliday v. Caldwell

The defendant in error made a motion to dismiss the writ of error on the ground that the bill of exceptions was not tendered to and signed by the judge within thirty'days from

the date of the judgment complained of. That judgment (sustaining of a general demurrer to the petition) was rendered on January 5, 1940, and the bill of exceptions was presented to and signed by the judge on February 12, 1940, more than thirty days, from the date of the judgment. The bill of exceptions recites that it was tendered “within the time provided by law,” and was so certified by the trial judge. It appears…