Lorber v. Connor

I. The appellee moves to strike the bill of exceptions from the files, because not filed in the time allowed by the court, and, as we understand, the appellants do not question but that the motion should be sustained. They do, however, contend that, notwithstanding the absence of the bill of exceptions, the testimony is “ in the case,” because “ appellants’ abstract is not denied.” It is said in argument that “ it is not alleged, and it is not a fact, that the reporter’s notes and the transcript thereof was not filed and made a part of the record.” It is said in State v. Hemrick, 62 Iowa,…