Nedry v. Herold

ON MOTION TO DISMISS APPEAL

(13 P.2d 372)

Respondent moves to dismiss the appeal for the reason that it appears from the bill of exceptions that the testimony of a witness for plaintiff was given at the hearing on the motion to vacate the judgment and is not contained in the bill of exceptions.

On April 8, 1931, plaintiff commenced an action against the defendant claiming damages for personal injuries in the sum of $15,000. On April 22, 1931, an order of default against defendant was entered, and on the 8th of May default judgment was rendered against defendant in the sum of $10,000 and $35…