McQuesten v. Morrill

The opinion of the court was delivered by

Scott, J.

Preceding the argument upon the merits, a motion was made to strike the statement of facts on the ground that the law had nqt been complied with as to the time of its filing. The decree was renderéd on the 31st of May, 1894. Appellant served notice on *336respondent that he would apply on June 27th for an extension of time within which to file and- serve the statement of facts, hut the matter was not heard at this time, on account of the absence of the judge before whom the case was tried. Thereafter, on July 30th, upon the application of…