
    O’Leary, Exr., Appellee, v. Burnett et al., Appellants.
    (No. 2040
    Decided July 16, 1949.)
    
      
      Mr. Paul FI. Blum, for appellee.
    
      Messrs. Jacobson S Durst and Mr. Eugene B. Backer, for appellants.
   By the Court.

This cause is submitted on motion to strike tbe bill of exceptions from tbe files and to dismiss tbe appeal for tbe reason that tbe bill of exceptions was not filed witbin tbe time provided by law and former order of tbis court.

Tbe record shows that on March 15, 1949, tbe appeal on questions of law and fact was dismissed and the appeal retained on questions of law. Tbe court ordered that defendant-appellants be permitted to file their bill of exceptions witbin 30 days from tbe date tbe entry was journalized. Tbe bill of exceptions was filed in tbe trial court within tbe 30-day period, to wit, on April 11, 1949. Witbin ten days after the bill of exceptions was settled in tbe trial court, it was filed in tbis court in compliance with tbe provisions of Supplement to Rule VII of tbe Courts of Appeals. Thus it appears that tbe former order and rule of court have been complied with, and that tbe motion is not well taken.

Moreover, the appeal may not be dismissed on tbe ground that there is no bill of exceptions on file where it appears that a bill of exceptions would not be required to exemplify all tbe errors assigned.

Motion overruled.

Miller, P. J., 'Hornreck and Wiseman, JJ., concur.  