Buckley

Buckley v. Verhonic

Good Law
5 Alaska Fed. 824·82 F.2d 730·1936 U.S. App. LEXIS 3095
United States Court of Appeals for the Ninth CircuitMarch 20, 1936Nos. 7882, 7883California612 words

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…

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