Kyger v. Koeper

This is an action in prohibition. The first thing for consideration is respondents’ motion to dismiss the appeal of appellant.

The burden of such motion is that appellant called the transcript on appeal a “Bill of Exceptions,” instead of a transcript, and inserted unnecessary matters therein. We have examined the so-called “Bill of Exceptions” and find that it contains everything required in a transcript on appeal, and seems to have been timely filed. It is true, that the so-called “Bill of Exceptions” contains matters not required to be filed to secure appellate review; but it does contain…