First Nat. Life Ins. Co. of America v. Wiginton

The bill of exceptions in this case appears on its face to have been presented to the trial judge on the 2d day of July, 1931, which was more than ninety days from April 2, 1931, the day on which the motion for a new trial was denied. The appellee has appended to his brief what is termed a motion to strike the bill of exceptions, but no motion to strike was entered on the motion docket or filed with the clerk of the Court of Appeals, wherein the case was “submitted on briefs” without reference to a motion to strike the bill of exceptions. The paper appended to the brief cannot be considered…