Whitmire v. Holly Mountain Farms Co.

The plaintiff in error sought to except to a judgment entered on November 7, 1953, denying his motion for new trial. Counsel for the defendant in error acknowledged, on December 5, 1953, notice of intention to present the bill of exceptions, and, on December 7, 1953, *12the court certified that the bill of exceptions was true. There was no recital in the bill of exceptions that it was tendered within the time provided by law.

Decided April 7, 1954. Charles W. Smith, for plaintiff in error. Erwin, Nix, Birchmore & Epting, Howell C. Erwin, Jack S. Davidson, contra.

Held: Since neither the record nor…