Whiteside

Appellant brought an action against the government to recover upon a war risk insurance policy which had lapsed, alleging that before it lapsed he had become totally and permanently disabled. The government admitted the total and permanent disability of the appellant, but alleged that such permanent disability occurred several years after ‘ tbe lapse of the policy. The ease was tried before a jury, and a verdict rendered in favor of the government. The appellee moves to dismiss the appeal on the ground, first, that there is no bill of exceptions; second, that the insufficiency of the evidence to sustain a verdict cannot be urged for the first time in a motion for a new trial; third, that the. decision of the trial judge upon a motion for new trial is not reviewable, unless there is manifest abuse of discretion.

The typewritten record before us shows a proposed hill of exceptions presented by the appellant which the trial judge declined to settle, “for the reason that no exceptions appear therein.”

The appellant contends that the trial judge should have settled the bill of exceptions, regardless of the fact that it contained no exception. However that may he, this is not a…