Boatmen's Bank v. Atchison, T. &. S. F. Ry. Co.

STONE, Circuit Judge.

This is a writ

of error from a judgment on verdict in favor of defendant in a suit upon a warranty. The judgment was entered February 1, 1923. A motion for new trial was overruled March 5, 1923. The time for suing out writ of error expired September 4, 1923. The petition for writ of error, the assignment of errors and the bond thereon were all filed upon October 17. The filing mark on all of these papers was “Filed Oct. 17th, 1923, nunc pro tunc as of Sept. 4th, 1923.” Upon October 17, 1923, an order allowing the writ was made, the record entry being as follows: “And…