Armentrout v. Sterling

OPINION

By THE COURT.

Submitted upon motion by the plaintiffs-appellees seeking an order striking from the files the bill of exceptions filed herein for the reason that the same was not filed in the trial court within forty days after the overruling of the motion for a new trial as required by §11564 GC.

The record discloses that forty-three days elapsed between the time of the overruling of the motion for new trial and the filing of the bill of exceptions. The provisions of this section of the Code are mandatory. Department of Liquor Control v. Alessandro, 56 Abs 554; Teegarden v. Teegarden, 80…