It appearing that the appellant has proposed a bill of exceptions to be used on the appeal, and that said bill is not yet settled and certified, and that the failure to have such bill of exceptions settled was not caused by any laches or other fault of the appellant, the motion to dismiss is denied.

We concur: Beatty, C. J.; McFarland, J.; Harrison, J.; Garoutte, J.; Van Dyke, J.