Smith v. Goethe

THE COURT.

Upon the former submission of this appeal the judgment was reversed for reasons stated in an opinion which, except for some minor alterations, reads as follows

“This is an appeal taken from a judgment within sixty days after its rendition. The transcript contains a bill of exceptions setting forth the evidence and proceedings on the trial.

“In support of his appeal the appellant assigns errors of law occurring at the trial and the insufficiency of the evidence to support the decision. This makes it necessary to consider the motion of the respondents, made to this court, to strike the…