Pike v. . Seymour

Defendants’ Appeal in the Pike Case.

Denny, J.

Counsel for plaintiff, David Y. Pike, filed motion in this Court to affirm the judgment below for the reason that no case on appeal has been settled by agreement of counsel or by order of the court.

It is admitted on the record that the defendants did not serve statement of case on appeal within ninety days from 16 January, 1942, the time allowed by the court for serving said case; however, defendants contend an agreed case was served and accepted by plaintiff’s counsel, as set forth in the following language: “Service of the foregoing accepted case…