Mayse v. Shannon Buick Co.

This case is submitted on two motions of plaintiff, appellee herein, to dismiss the appeal on the ground that the bill of exceptions and briefs were not filed within the time prescribed by rule of court.

Notice of appeal on questions of law was filed October 27, 1959. Almost three months have elapsed and no bill of exceptions has been filed. Assignments of error and briefs were filed by the appellant on January 22,1960, after this matter was submitted for opinion.

The failure to file a bill of exceptions does not necessarily require a dismissal of the appeal, as the errors complained of may…