Schneider v. Kessler

This case is here on petition for re-argument. In our former opinion, filed May 10, 1937, 89 F.2d 1001, we affirmed the judgment of the District Court on the ground that: “No bill of exceptions has been settled or signed by the trial judge and none is a part of the record before us”. In their petition for reargument, however, t'he defendants-appellants have urged this court to consider the case upon the merits for the reason that an appellate court can consider “plain error on the face of the record in the absence of exceptions or a bill of exceptions, particularly where it appears that such…