109 Ky. 41 | Ky. Ct. App. | 1900
Opinion of the court by
Affirming.
Appellant filed this suit to recover of appellee damages for the loss of the life of his intestate, who was his son,
It is insisted for the appellee that the bill of exceptions was not filed in time, and can not be considered-. The motion for a new trial was overruled on February 15, 1897, and an appeal was then granted. On April 12th the plaintiff tendered his bill of exceptions. This was in time, as the court was one of continuous session, and 60 days had not elapsed. The bill of exceptions was not signed and filed until December 31st. It is insisted that the bill of exceptions, though tendered in time, was not then complete, and that it was afterwards perfected or substantially a new bill made. There is nothing in the record to overcome the presumption of regularity in the proceeding of the court below. The plaintiff, having tendered his bill of exceptions in time, should not be affected by the delay of the court in signing it, nor by the fact, if true, that corrections were made in the bill as offered before it was signed. The question suggested could only be raised in this court by having the record show the facts. This the record before us does not do so.
The principal ground of objection by appellant to the