Peri v. Jeffers

OPINION

By the Court,

Coleman, J.:

This case is now before the court on a motion of respondent to strike from the files the bill of exceptions and transcript herein, except the judgment roll, and to dismiss the appeal.

The appellant has interposed a counter motion for a diminution of the record.

Both of respondent’s motions are based upon the same grounds, which are: (1) That appellant did not, within twenty days after the entry of the order of the court denying appellant’s motion for a new trial, file and serve a bill of exceptions, or a transcript in lieu thereof; (2) that the appellant did not,…