Farmers & Miners State Bank v. Probst

This is an appeal from a judgment of the district court of Cascade county, dismissing plaintiff’s appeal to that court from a judgment rendered against it in a justice’s court of that county.

The judgment-roll embraced in the transcript discloses that the papers on appeal were filed in the district court on May 4, 1925; that on August 4, 1925, the district court made an order which, in part and so far as material here, reads as. follows: “An order having been made on the 25th day of May, 1925, upon motion, of Frank Polutnik, Jr., defendant’s counsel, he appearing specially, to dismiss the…