Upp Grocery Co. v. Lins

This cause is before us on motion to dismiss. The record discloses that on May 13, 1913, an order was made overruling the motion for a new trial and allowing plaintiff 90 days to prepare and serve case-made. On August 15, 1913, an order nunc pro tunc was made and entered purporting to correct the order theretofore made and to cause the records to show that the order overruling the motion for new trial was in fact made on June 10, 1913, and plaintiff, as a result thereof, was allowed 90 days from June 10, 1913, in which to prepare and serve case-made. It is unnecessary for us to pass on the…