Scott v. Burrows

The verdict was returned and the judgment entered on the *45116th day of January, 1877. A motion for a new trial was made in due time, and was overruled on the 26th of the same month. No other order was made in the cause till the 2nd day of February, when time was given the appellants until the second day of the succeeding term of the court to prepare and file their bill of exceptions. The record does not show that the appellee or his counsel was present when this extension was granted.

They now insist that the order was unauthorized and void, and that the bill of exceptions prepared and filed…