Caldwell v. Wedekind Mines Co.

OPINION

By the Court,

Sanders, C. J.:

This is a motion to strike the bill of exceptions made a part of the record herein, and to dismiss the appeal taken from an order denying and overruling a motion for a new trial entered in the above-entitled action.

The written motion is supported by the affidavit of counsel for respondents and the record and files herein. Several causes are assigned as grounds for the motion to' strike. The one particularly stressed in argument is that there is no bill of exceptions settled and allowed by the court or judge or by stipulation as required by section 1 of the…