Amicon v. City Railway Co.

OPINION

By THE COURT:

Submitted on motion of defendant-appellee to strike the bill of exceptions from the files for the reason that said bill was' not filed in the trial court within the time prescribed by §11564 GC, and to affirm the judgment of the trial court.

The record shows that the motion for new trial was overruled September 23, 1948,-and that the Bill of Exceptions was filed in the trial court on November 19, 1948, or more than forty days after the motion for new trial was overruled.

It is well established that the requirement of §11564 GC that the Bill of Exceptions be filed not later…