Stonesifer

On June 13, 1889, judgment was entered in this case in favor of three of the defendants, and against the plaintiffs and two of the defendants.

The parties in whose favor the judgment was given notified the other parties of the decision on the seventeenth day of June, 1889.

On June 24, 1889, the plaintiffs and the two defendants against whom judgment was given (all of whom are appellants) gave due notice of their intention to move for a new trial on various grounds, and that the motion would be made upon a bill of exceptions thereafter " to be prepared, settled, and allowed by the court.”

On June 26,1889, a written stipulation was signed and filed by the attorneys for all the parties, giving thirty days after service of notj.ce of intention to move for a new trial in which to prepare a bill of exceptions.

On the third day of August, 1889, the attorneys for plaintiffs served their draft of their proposed bill of exceptions on the attorneys for defendants, who received the same subject to the objection that it was not served within the time stipulated, and on October 8, 1889, served their proposed amendments with a reservation therein of their objection to a settlement of the…