Elliott v. Kremer

In this action for damages a judgment of nonsuit was entered on October 21, 1938. Notice of appeal was filed on November 21, 1938. On January 24, 1939, an order was entered relieving the plaintiff from default in the preparation, serving and filing of a bill of exceptions and denying a motion of the defendants for an order terminating the preparation of a record on appeal. A bill of exceptions was settled on February 3, 1939, and filed in this court on March 6, 1939.

On April 18, 1939, defendants filed notice of a motion to dismiss the appeal, noticing the same for May 9, 1939. Pursuant to a…