Davis v. Buie

Atkinson, Justice.

(After stating the foregoing facts.) The motion for new trial was overruled on January 13, 1944, and the certificate of the judge was dated February 21, 1944. The bill of exceptions contains a recital that it was tendered “within the time provided by law.” Counsel for the defendant in error moved to dismiss the writ of error on the ground that the bill of exceptions was not tendered to the trial judge and certified within the time required by law. The bill of exceptions is not dated, and there are no explanatory recitals in the certificate, nor anything in the record, to…