Segale v. Pagni

OPINION

By the Court,

Coleman, C. J.:

This case is before the court on respondent’s motion to dismiss the appeal and for an order affirming the judgment.

The first three grounds of the motion are based upon the proposition that there is no bill of exceptions in the record settled and allowed by the court or judge or by stipulation of the parties. There is a pretended bill of exceptions in the record, certified and sworn to by the court stenographer, but, if no effort had been made to embody a bill of exceptions in the record, the motions should be denied so far as the first three grounds are…