Mathews v. Davison

Motion to dismiss the appeal herein on the ground that it was taken after the time limited by law.

Judgment was entered on February 26, 1929. On March 6, 1929, a notice of intention to move for a new trial was served and filed. This document recites that the defendant

Home Fire and Marine Insurance Company intends to move the court for an order vacating the judgment and granting a new trial on various grounds stated in the notice. It was further recited that the motion would be made upon the minutes of the court. It is here claimed in support of the motion to dismiss that as no motion for a new…