113 Me. 525 | Me. | 1915
In this case are presented for consideration the exceptions of defendant to the overruling of his demurrer to plaintiff’s declaration. At the argument of the case, it was stated by counsel for plaintiff and admitted by defendant’s counsel that upon the overruling of the demurrer, the case proceeded to a trial upon the merits which resulted in a verdict for the plaintiff. We are of the opinion that the exceptions can not be considered. The record consists of the declaration and bill of exceptions. The day of the allowance of the latter does not appear, but we think it can be safely assumed that no bill of exceptions was filed and allowed until after defendant’s failure to secure a verdict. Nor is it to be conceived that the cause
The exceptions must therefore be overruled,
Exceptions overruled.