Chapman v. Western Union Tel. Co.

WILLIAMS, Justice.

The parties' are designated herein as in the trial court.

This case was tried to the court below, upon an agreed and stipulated statement of the facts, a jury having first been duly drawn, empaneled and sworn to try the cause, and then, all the evidence having ■been agreed and stipulated to, jury, trial waived by the.parties and the jury by the court discharged. Judgment was rendered April 3, 1952. No notice of intentions to appéal was given in open court-at the time or'' within ten days thereafter. Instead, plaintiff filed a motion for new trial which was by the trial court…