Albaugh v. James

The appellee moves to strike out the bill of exceptions, because it was not filed within the sixty days allowed by the court. Final judgment was rendered on the 21st of June, 1867, at which time this entry appears: “ and the defendants are given sixty days to prepare their several bills of exceptions.” The bill of exceptions was signed by the judge on the 17th of August, 1867, but not filed by. the clei’k until the 6th of September following.

The code provides that “the party objecting to the decision must except at the time the decision is made; but time may be given to reduce the exception…