Allen v. Berkmier

On Motion to Strike out Bills of Exception.

BOYCE, J.

[1] It appears from the transcript that the term of the district court at which this case was tried adjourned 'on April 4, 1919. No order extending the time for filing bills of exception appears. Bill of exception No. 1 was filed on June 1, 1919, and bills Nos. 2 to 7 inclusive were filed on June 30, 1919. Appellee within 30 days after the filing of the transcript in this court has moved that said bills of exception be stricken from the record because not filed within the time prescribed by law. Under this state of facts the motion must be sustained. B. S. art. 2073; Criswell v. Bobbins, 152 S. W. 210; Pearce v. Supreme Lodge, 190 S. W. 1156; Loeb v. Railway, 186 S. W. 379; Comm. v. Houston Oil Co., 171 S. W. 520; Rishworth v. Moss, 191 S. W. 850; Byrne v. Lumber Co., 198 S. W. 600; Camp v. Gourley, 201 S. W. 671; Pool v. Pierce-Fordyce Oil Ass’n, 209 S. W. 706.

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