Dresser

The action was one to quiet title, with pleadings in the usual form. Findings and judgment went for defendants, from which, judgment plaintiff appeals upon a bill of exceptions.

Respondents insist that, upon a review of the case, this court is precluded from an examination of the bill of exceptions because it was not settled within time. The judgment was entered on the twenty-first day of February, 1910. On that date, plaintiff filed with the clerk and served upon defendants a notice of intention to move to vacate the decision and for a new trial, designating the grounds and stating that the same would be made upon a bill of exceptions. The bill of exceptions was not served until the 18th of April, 1910, fifty-six days after the entry of the judgment. At the time fixed by the court for settlement of the bill, plaintiff announced her abandonment of proceedings under the notice of intention to move for a new trial. The court thereupon overruled the objections to the settlement and settled the bill. No notice of the entry of the judgment was served upon the plaintiff. "We are of opinion that the court was warranted in settling the bill of exceptions, ten days not having elapsed from…