PATTERSON OIL CO.
v.
BRODHEAD

5th Cir. | 1924-11-05
No. 4367
2 F.2d 598 Court of Appeals for the Fifth Circuit (1924) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

[1] What is relied on as the ground for reversing - the judgment in this case is the action of the court in overruling a motion for a continuance made by the plaintiff in error, tho defendant below. The record contains no bill of exceptions. Without a bill of exceptions, the motion for a continuance and the court’s ruling thereon are not properly presented for consideration by an appellate court.

[2] Furthermore, the record before us does not in any way indicate that the facts alleged in the motion as grounds for a continuance were admitted or proved. For aught that in any way is disclosed, the ruling complained of may have resulted from a finding of the nonexistence of the facts alleged on the motion. The record shows no error.

The judgment is affirmed.


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