Cavana v. Addison Miller, Inc.

RUDKIN, Circuit Judge.

A motion has been interposed by the defendant in error to strike the bill of exceptions from the record and files, on the ground that it was not settled or certified within the term, or within the time allowed by law. Inasmuch as the assignments of error are all predicated upon the ruling of the court granting an involuntary nonsuit, if this motion is granted, there is no question before us for review.

The facts in relation to the settlement and certification of the bill of exceptions are as follows: The case was tried .during the April term, 1926, of the court below,…