Morse Co. v. Eaton

This case is now before this court upon what purports to be a “ Certificate of Questions of Law,” as provided for in Sec. 75 of the Practice Act. A motion was made by appellee to dismiss the appeal the disposition of which was reserved until the final hearing of the case. That motion is based largely upon the fact that the parties did not personally assent to the making of such a certificate. But their attorneys did so assent in writing and upon such assent the trial judge acted. That was sufficient. And further the attorneys for appellee who make this motion in this court signed such assent.…