Noland

The appellee moves to docket and dismiss the appeal herein upon the ground that the period for the settlement of the bill of exceptions has expired, and that the bill has not yet been settled; and also upon the ground that the assignments of error have not been presented within the time allowed by law.

Appellee relies upon a certificate of the clerk of the District Court setting out the following docket entries: “Sep. 11, 1937, Court ordered defendant have 30 days to file assignment of errors and proposed bill of exceptions; U. S. have 10 days thereafter to file proposed amendments to bill of exceptions and the bill of exceptions be settled within 10 days thereafter. Oct. 13, 1937, Filed order extending time to serve and file bill of exceptions and assignment of errors 30 days from October 14, 1937.” The second order dated October 13, 1937, was made within the period of 30 days, plus Sundays and holidays, after the appeal was taken, so that according to the certificate if we consider the first order (of September 11), and the second order (of October 13), both made within 30 days, plus Sundays and holidays, after appeal was taken, as supplementary, the time for filing the…