Miles v. Boruff

The verdict in this cause was returned and judgment entered thereon October 3, 1928. Within thirty days thereafter appellant filed his motion for a new trial. This motion was overruled January 7, 1929, with exception to appellant, but without any time being given within which to file bill of exceptions. On January 21, appellant prayed an appeal, and on that day was given sixty days for bill of exceptions. The bill of exceptions was presented to the judge on a day in a subsequent term of court. Appellee has filed a motion to dismiss, setting out the record as above stated and calling attention…