Neracker Sprinkling Co. v. Eureka Co.

We are of the opinion that the motion to strike the bill of exceptions from the files should be overruled on several grounds. The action was commenced Aug. 3, 1892. The proceedings, therefore, in regard to the taking of a bill of exceptions, were governed by the statute passed March 12, 1892. Sections 5301-2, 89 O. L., 124. This gave the right to the taking and the allowance of a bill of exceptions within fifty days after the overruling of a motion for a new trial, based on the ground that the court erred in its action on a motion to direct a non-suit, or to arrest the testimony from the…