Northwestern Mutual Life Insurance v. Starkweather

When the cause was reached in its order on the calendar, there was no appearance on behalf of the appellant, and the cause had not been submitted. It was also made to appear, that no copies of the printed case had been served on the respondent as required hy a rule of this court. Counsel for the respondent thereupon moved that the judgment be affirmed under the rule in that behalf, with twelve per cent, damages, and also that double costs be awarded pursuant to the statute in such case made and provided.

The respondent is entitled to an affirmance of the judgment under the rule; and the only…