Daugherty v. Herte

The trial court extended the time within which to serve the proposed bill of exceptions. Sec. 269.45, Stats. The extension was not formally asked for until shortly after the time for service of the bill had expired. This was because the attorney mistakenly thought an ex parte application would suffice. The delay caused was too slight to cause any resulting disadvantage to the opposite party. The appeal was taken promptly, the transcript as promptly secured. It seems quite clear that sufficient testimony showing good cause for an extension existed. A review of the affidavits and testimony on…