
    Bass Furnace Co. v. Glasscock.
    
      Motion to strike out Bill of Exceptions.
    
    
      1. Signing bill of exceptions in vacation. — -When an order is made during term time, allowing a bill of exceptions to be prepared and signed within sixty days (Code, § 2762); the time can not be further extended, unless the order extending it is made before the expiration of the sixty days.
    
      Appeal from tbe Circuit Court of Cherokee.
    Tried before the Hon. John B. Tally.
    Tbis action was brought by Thomas Glasscock against tbe appellant, a private corporation, to recover damages for a breach of contract. On tbe trial, which occurred on tbe 11th July, 1888, tbe defendant reserved numerous exceptions to tbe rulings of tbe court; and it was ordered, as tbe judgment-entry recites, “that tbe defendant have sixty days in which to have bill of exceptions signed.” On tbe 8th September, by an order of tbe presiding judge made in chambers, the time was extended “to tbe 8th October, 1888;” and on tbe 16th' October, by another order in chambers, tbe time was extended “until tbe 1st December, 1888.” Under tbis order, tbe bill of exceptions was signed on tbe 27th November, 1888. On these facts, tbe appellee submitted a motion to strike out tbe bill of exceptions, because not signed within the time allowed by law. Tbis motion was submitted with tbe cause on its merits, all tbe assignments of error being founded on tbe bill of exceptions.
    Walden & Son, for appellant.
    Savage, Matthews & Daniel, contra.
    
   Per Curiam.

The motion to strike tbe bill of exceptions from tbe record must be sustained. Tbe bill was signed November 27th, 1888. An order bad been made September 8th, 1888, extending tbe time for signing to October 8th, following. Tbis period of time elapsed without tbe signature of tbe judge having been obtained. On October 16th, 1888 — about eight days after the expiration of tbe time thus fixed — tbe court made another order, again extending tbe time to December 1st, following. Tbis was without authority, tbe power to extend given him by statute being functus officio. Tbe action of tbe judge should have been taken before tbe expiration of tbe last day of tbe time fixed for signing. Tbe act of February 22, 1887 (Acts, 1886-87, p. 126), can not be construed to confer such authority. Code, 1886, § 2762, note.

Tbe sustaining of tbis motion leaves nothing upon which any assignment of error can properly be predicated.

Tbe judgment is therefore affirmed.  