Provident Savings Life Assurance Society of New York v. King

There is in this case a preliminary motion to strike the bill of exceptions from the record, which motion was reserved to the hearing, and has been elaborately argued in briefs. The judgment appealed from was entered April 28, 1903, and appellant was, by order of court, allowed forty days within which to present a bill of exceptions. June 6 following, before the expiration of the time allowed, the bill was presented to the trial judge, who made thereon the following notation:

“ Presented by counsel for defendant, but not left with me, and immediately taken away by counsel for plaintiff with…