Opinion of the Court by

Overruling motion to- strike out bill of exceptions.

Appellee has entered a motion to strike out tbe bill of exceptions on tbe ground that tbe motion for new trial was not made in time. Tbe fact that tbe motion for new trial was not made in time may be ground £or tbe affirmance of tbe judgment but it is not a ground for striking out tbe bill of exceptions which was properly filed and made part of tbe record.

Motion overruled.