Rhoades v. Rhoades

Defendant in error has filed a motion to dismiss the petition in error, assigning two reasons. Only one of these requires consideration, and is as follows :

“That notice of settlement of the case-made was not given nor waived; that defendant in error was *740not present, in person or by an attorney, at the settlement, and did not suggest any amendment.”

On January 4, 1892, final judgment was entered in this action, tbe journal entry including the following order :

“And seventy days are given her [the defendant] in which to make and serve a case for the Supreme Court on the attorneys for plaintiff,…