FELTON, Chief Judge.
It appearing from the additional record, certified and sent to this court on the motion of the defendant in error, that the defendant's motion to set aside the judgment which is excepted to in this case (the granting of the summary judgment in favor of the plaintiff) was still pending in the trial court at the time the purported bill of exceptions was certified, although said motion was subsequently denied, there was no exception to a final judgment...
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