Montana Lumber & Produce Co. v. Howard

The respondents move to strike from the transcript on appeal the paper designated as “Bill of Exceptions on Appeal,” on the ground “that the same wras not settled and allowed by the judge of the court below, as pro- , vided by statute.” The action was tried by a jury, and the appellant made a motion for a new trial “ on the minutes of the court.” This bill of exceptions purports to contain the notice of intention to move for a new trial, pleadings, testimony, instructions, verdict, and judgment. The motion for a new trial appears to have been overruled, July 24, 1890. The fol*297lowing statement…