Nye v. Schuler

OPINION

By COLLIER, J.:

The first question requiring the attention of the court is the appellee’s motion to strike the bill of exceptions from the files because the same was not filed in conformity with the law or the rules of this -court. As shown by the transcript of docket and journal entries, the entry overruling the motion for a new trial was filed October 1, 1958. On October 3, 1958, the notice of appeal was filed. On November 10, 1958, the bill of exceptions was delivered to the Clerk of Courts. The Clerk failed to transmit the bill of exceptions to the trial court for allowance as…