Shallas

The verdict of the jury in this case was returned June 4.1929, during the May term, which was adjourned without day on June 19, 1929. July 27.1929, an order was entered extending the time to serve, file, and settle the bill of exceptions to and including August 12, 1929. Pursuant to this extension the bill of exceptions was lodged with the Clerk on August 5, 1929, and was settled and allowed by the court August 14, 1929, over the objection and protest of the appellee. A motion has been interposed in this court to strike the bill of exceptions because not presented to the court for allowance until after the expiration of the term. The rule is well settled that the trial court is without jurisdiction to allow a bill of exceptions presented for the first time after the expiration of the term at which the rulings embodied in the bill of exceptions were made, unless the time for presenting the hill of exceptions is extended by an order entered during the term or by some standing order or rule of court. O’Connell v. United States, 253 U. S. 142 , 40 S. Ct. 444 , 64 L. Ed. 827 ; Exporters v. Butterworth-Judson Co., 258 U. S. 365 , 42 S. Ct. 331 , 66 L. Ed. 663 .

Rule 76 of the Rules of…