Ricketts v. CONTINENTAL NATIONAL BANK OF LINCOLN

Appellee, defendant below, has filed a motion herein asking that we dismiss appellants’, plaintiffs below, appeal for the reason that this court is without jurisdiction thereof. It bases its contention on the following situation as disclosed by the transcript:

The district court tried the case on April 7, 8, and 9, 1959. On the latter date, after the trial had been concluded, the appellants were given 30 days in which to file a brief and appellee was given 30 days thereafter for the purpose of filing an answer brief. The trial judge’s notes, on July 2, 1959, show he considered the case as…