Davies v. Nichols
| Decision Date | 15 February 1890 |
| Citation | 13 S.W. 129 |
| Parties | DAVIES <I>v.</I> NICHOLS. |
| Court | Arkansas Supreme Court |
Appeal from circuit court, Garland county; J. B. WOOD, Judge.
Action by J. H. Nichols, Jr., as administrator of the estate of J. H. Nichols, against R. G. Davies, as administrator of the estate of J. H. Law. There was judgment for plaintiff, and defendant appealed. From the record it appeared that the case was tried at the March term, 1887, of the circuit court, and that defendant filed his motion for new trial, April 22, 1887, which motion being overruled, he was given until the second day of the next term to file his bill of exceptions. At the September term the court granted 10 days further time, and subsequently again extended the time to January 16, 1888, on which day the bill was filed.
R. G. Davies and U. M. & G. B. Rose, for appellant. L. Leatherman, for appellee.
The administrator of Nichols had the right to take the appeal from the judgment of the probate court in this case, and prosecute it to the same extent his intestate might have done. Ex parte Trapnall, 29 Ark. 60. There is no bill of exceptions in the record. The paper purporting to be a bill of exceptions was not signed by the judge and filed within the time first given by the court. The order fixing the time in which the bill of exceptions might be signed by the judge and filed became final, and passed beyond the control of the court, when the term at which it was made expired, and the court had no authority to shorten or extend the time at a subsequent term. Mansf. Dig. § 5157; Carroll v. Saunders, 38 Ark. 216; Railway Co. v. Rapp, 39 Ark. 558; Adler v. Conway Co., 42 Ark. 488; Railway Co. v. Holman, 45 Ark. 102; Myrick v. Merritt, 21 Fla. 799. Inasmuch as the bill of exceptions in this case cannot be regarded as any part of the record, the questions presented by appellant cannot be considered. Judgment affirmed.
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