Bruckman v. Cooper

OPINION

BY THE COURT:

Submitted on motion of the plaintiff-appellant for leave to amend the notice of appeal by stating that said appeal is upon questions of law and fact rather than upon questions of law.

The motion is not well taken for the following reasons:

1. The action was one for alienation of affections, which is not a law and fact case, and to allow this amendment would in effect amount to granting permission to file a sham pleading.

2. The motion for a new trial was overruled and judgment rendered on May 22, 1945. No appeal bond was given within twenty days of the entry of this final…