Spokane Interstate Fair Ass'n v. Fidelity & Deposit Co. of Maryland

In our' decision upon a former writ of error, to the report of which (8 F.[2d] 224), resort may be had for a circumstantial statement of the issues, we held that the coverage of the policy was only of loss by burglary accomplished by means of actual force and violence employed during the policy period, which was from August 31, 1924, to September 10, 1924. At a subsequent trial, defendant’s motion for a nonsuit at the close of plaintiff’s case in chief was granted, upon the ground that the evidence was insufficient to. show force or violence within such period. The dismissal is assigned as error.

Defendant moves to strike from the record the bill of exceptions and also to dismiss the writ. We have considered, but do not deem it necessary to discuss at length, the issues presented by these motions. It is sufficient to say that, notwithstanding the general rule of the court providing that without consent of the parties extensions of the time in which to present a bill of exceptions or a petition for a new trial would not be granted for more than 30 days, the court had the power in the exercise of a sound discretion to grant a greater length of time. Poultney v. La Fayette, 12 Pet.…