Bowers v. Cheever

Defendant in error has filed a motion to dismiss appeal of the plaintiff in error for the reason that the motion for a new trial was not filed within the time required hy law. On November 23, 1920, the trial court sustained a demurrer to plaintiff’s answer and rendered judgment for the defendant in this ease. On the same day, counsel for plaintiff suggested that a motion for a new trial, alleging all the statutory grounds, be considered filed. A motion was considered filed as suggested and immediately overruled by the trial court, to iwhich plaintiff excepted, gave notice of appeal, and on…