85 Iowa 409 | Iowa | 1892
As the appeal must be disposed of upon a motion to strike the bill of exceptions from the files, it is unnecessary to make a statement of the contention of the parties, so far as the merits of the action are involved, further than to say that the issues involve' questions of fact, and a trial was had largely upon the testimony of witnesses, which was reduced to writing by a shorthand reporter. The judgment entry was-made on the twenty-fifth day of October, 1889. The following was made part of the entry, to-wit: “By consent, each of said parties has ninety days to file bill of exceptions.” The time for filing the bill of exceptions expired on the twenty-fifth day-of January, 1890.
No bill of exceptions was then on file. At the-next term of the district court, and on the fifteenth day of March, 1890, a motion was filed for leave and time to file bill of exceptions; and on the same day the motion was sustained, and an order made that the bill of exceptions should be filed within ten days from that date. The record does not contain the motion, or the grounds thereof, nor does it appear that any notice of the motion was served upon the appellee. A bill of exceptions was filed on the twenty-fifth day of March, 1890.
A bill of exceptions was necessary to preserve the evidence, because, although it appears that the shorthand notes of the evidence were filed at the close of the trial, it does not appear that said shorthand notes were certified by the judge before whom the cause was tried. This is the state of the record, so far as necessary to determine the motion to strike the bill of exceptions from the files. It is true that there are