96 Iowa 343 | Iowa | 1895
There is a motion by appellees to strike from the abstract the evidence and bill of exceptions. At the trial of the cause thirty days was allowed to appellant in which to settle his bill of exceptions. The thirty days expired and on the eighteenth day of October, 1894, the bill of exceptions was not settled within the time. October 24, 1894, appellant filed a motion for leave to file a bill of exceptions, which motion was supported by an affidavit to the effect that the bill of exceptions was prepared October 17,1894,' and submitted to the opposite attorneys, who approved the same; and that it was then mailed to the judge',¡at his home, for his signature; and that the bill
As the motion on which the court directed a verdict for the defendant is based on the evidence, which is not in the record, there are no other questions to be considered, and the judgment will stand •affirmed.