Swift v. Swift

Jenkins, Justice.

The direct bill of exceptions complains of the order of the trial judge finding against the traverse of an entry of filing by the deputy clerk on a motion for new trial, and dismissing the motion for new trial on the ground that, in accordance with the entry of the deputy clerk, the motion had been filed too late. The clerk was not made a party to the traverse, but the deputy clerk was made a formal party thereto by order of the judge, after which the deputy appeared and filed his answer to the traverse. The plaintiff in error in his direct bill ot exceptions names as…