Bethlehem Steel Co. v. Spivey

The bill of exceptions in this case was certified by the trial judge on August 25, 1939, and was filed in the office of the clerk of the trial court on September 5, 1939. The bill of exceptions and the specified record were not transmitted to the clerk of this court until December 16, 1939. The bill of exceptions was made returnable to the “current” term of this court, which was the September term of 1939, and the docket for that term was closed on October 19, 1939, by order of this court. Under these circumstances this court is without jurisdiction to entertain the case, and the motion to…