
    Heddleson v. Hendricks.
    
      Bill of exceptions — Due allowance, signing and filing of, imports, absolute verity.
    
    Where the record of the trial court shows the allowance of forty days after the term at which judgment was rendered for the presentation and filing of a bill of exceptions, and the due allowance, signing and filing of the same within the forty days is also shown by the record and by the bill itself, evidence will not be heard in this court to show that the bill was not presented to-the opposite counsel ten days before the expiration of the forty-days, or to the judges five days prior thereto.
    (Decided April 2, 1892.)
    Motion to strike bill of exceptions from the files in cause No. 3085 on the General Docket.
    
      W. B. Loomis, for the motion.
    
      Nye & Follet, contra.
   By The Court.

The ground of the motion is that the bill of exceptions was not presented to opposite counsel for examination ten days before- the expiration of the forty days after term, nor to the judges for their signature five days prior thereto, as required by section 5302, Revised. Statutes, which facts are sought to be shown by affidavit.

It appears by the record that the cause was tried at the-September term, 1891, of the circuit court, and judgment entered September 24, 1891. It was then ordered that the journal remain open for the period of forty days from the. close of tile term for the presentation, signing and filing of defendant’s bill of exceptions, and when so allowed, signed and filed, shall be a part of the record. Also, that on November 2, 1891, came the defendant and presented his bill of exceptions, which, being examined and found to be true and correct, is allowed, signed, filed and ordered to be made part of the record herein, all of which is done and this entry made as of the September term, 1891. The bill of exceptions appears, on its face, to have been allowed, and signed by the judges within the statutory time.

Held: The record imports verity, and cannot be impeached by evidence aliunde tending to show that the requirements of the statute were not complied witíi.

Motion overruled.  