Armstrong v. Bryant

At the outset the jurisdiction of this court is challenged by counsel for the appellee by a motion to dismiss the appeal. For that reason it is necessary to decide the motion and establish jurisdiction even though we affirm the decree.

Counsel contend that inasmuch as the decree was entered on July 28, 1948, and the evidence was taken ore tenus and incorporated in a bill or certificate of exceptions was not tendered to the judge of the court until October 15, 1948, more than 60 days from the entry of the decree, the bill or certificate of exceptions came too late, thereby preventing this court…