Davis v. Lynham

The plaintiff has filed a motion in this case to strike the bill of exceptions on the ground that the same was not presented for allowance or settlement within the time required by our statute. The record shows that the appellants did not present their proposed bill of exceptions for settlement until about three or four days after, under the provisions of our statute, it should have been presented for allowance and settlement. Before presenting the bill, however, appellants, through their counsel, served notice upon plaintiff’s attorneys that counsel at a day named in the notice would apply…