Symns Grocer Co. v. Burnham, Hanna, Munger & Co.

The opinion of the court was delivered by

MoAtee, J.:

On January 6, 1897, the defendant in error, the McOord Commerce Company, filed its motion to dismiss the petition in error.

The only ground argued to the court in support of the motion, was that the case was settled and signed without notice to the defendant in error.

It appears from the record that orders extending the time within which the case should be made and served for the supreme court were made upon the thirtieth day of July, 1895, and the twenty-fifth day of September, 1895, and that on the twenty-eighth day of October a further…