Jefferis v. Nevers

OPINION

By THE COURT:

Submitted on motion of plaintiff-appellee to “strike the bill of exceptions from the file and to dismiss the within cause for the reason that said bill of exceptions was not filed within 40 days of the entry of the Common Pleas Court overruling the motion of the defendants for a new trial.”

Judgment was entered on July 1, 1950. The bill of exceptions was filed with the Clerk of the Common Pleas Court on August 16, 1950, so that more than 40 days elapsed between the date of the overruling of the motion for a new trial and the filing of the bill of exceptions in the trial…