Payne

This is an action on a policy of war risk insurance. At the outset the appellee moves to strike out the bill of exceptions for the reason “that it was neither lodged, presented, settled, signed, filed, nor authenticated within the time provided by law or the rules of the United States District Court for the Western District of Washington nor within the term of court at which the trial herein was had, nor within any valid extension of the term.” The bill of exceptions was approved and certified by the judge on April 24, 1933, in pursuance of an agreement of counsel that it contained all the evidence. The verdict was returned December 7, 1932, and the judgment thereon was entered January 23, 1933. The term of court in which the judgment was entered ended February 7, 1933 (28 USCA § 193). The statute provides that terms of court, shall be held for the Southern Division of the Western District of Washington at Tacoma on the first Tuesdays in February and July. It follows that the new term of court began on February 7th which was the first Tuesday in February. It is stated in appellee’s brief that rule 108 of the District Court provides for an extension of the term “for 30 days beyond…