Higgins

J. The judgment dismissing the action was entered April 22, 1873. No bill of exceptions was presented to the judge of the court below at that time, as provided by section 649 of the Code of Civil Procedure, nor within thirty days thereafter, as provided by section 650.

The bill of exceptions in support of the appeal from the judgment was presented and settled June 2, 1873—some of the respondents “objecting on the ground that the same is presented too late.” We cannot, in view of this objection, consider the exceptions set forth in the bill of exceptions.

The right of the appellant to present a bill of exceptions after the entry of judgment, is limited in point of time to the period of thirty days. After the expiration of that period, unless further time had been in the meantime obtained, the *446 right to present the bill oí exceptions for settlement is taken away. If, therefore, the respondents, objecting to the settlement of the bill of exceptions, rely upon the lapse of the period limited by the statute, it becomes the duty of the appellant, in answer to the objection, to incorporate into the bill the matter, if any, going to excuse his apparent delay; otherwise the…