KNAPPEN, Circuit Judge.
This writ is to review a judgment for defendant in error (plaintiff below) upon an alleged policy of fire insurance on plaintiff's mill, machinery, grain, etc., therein.
1. On the threshold we are met with the suggestion, in the brief of plaintiff in error on the merits, that the bill of exceptions be stricken from the record or disregarded because the assignment of errors was not filed "at or before the settling of the bill of exceptions...
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