Buckley
Buckley v. Verhonic
Opinion
Lead Opinion
Matpiews, J.
These appeals are from judgments of the District Court for Alaska, sitting as a court of general jurisdiction. 1 The assignments of error raise questions the consideration of which would require an examination of the evidence. *825 Included in the transcripts are so-called bills of exceptions, purporting to contain the evidence in these cases, but appellee has moved to strike these so-called bills of exceptions, on the ground that they were not filed in time.
The procedure for settling bills of exceptions in actions at law 2 in the District Court for Alaska is prescribed in section 223, title 2, of the Act of June 6, 1900, c. 786, 31 Stat. 366 , Compiled Laws of Alaska 1933, § 3636, which provides: “The statement of the exception, when settled and allowed, shall be signed by the judge and filed with the clerk, and thereafter it shall be deemed and taken to be a part of the record of the cause.”
These, however, are not actions at law, but are actions of an equitable nature, 3 the procedure for which is prescribed in section 372, title 2, of said Act, 31 Stat. 395 , Compiled Laws of Alaska 1933, § 3870, which provides: “Exceptions may be taken during the trial to the ruling of the…