Ralphs

In this action the plaintiffs sought to recover judgment against the defendant on a written guaranty; the defendant answered and thereafter a trial was had before the court sitting without a jury. The trial court made findings in favor of the plaintiffs and awarded the plaintiffs a judgment, and the defendant has appealed, bringing up a bill of exceptions.

The respondents have interposed a preliminary objection which must be disposed of at this time. The respondents objected to the use of the bill of exceptions by the appellant and to the consideration of the bill by this court. The objection is based on the contention that after the bill had been settled it was not engrossed and presented for settlement within the time allowed by law. To support their objection the respondents presented for our consideration the certificate settling the bill. That certificate is as fol lows: “The foregoing engrossed bill of exceptions is hereby settled and allowed this 28th day of July, 1922, subject to the objection of counsel for plaintiffs that the same was not engrossed and presented for certification within the time allowed by law after settlement of proposed bill; said proposed bill having…