Knapp v. Olson

This is a motion by the plaintiff (respondent) to dismiss this appeal for the reason that the notice of appeal lacks indorsement of proof of service.

After the jury had returned its verdict in favor of the defendant and a motion presented by the plaintiff for a new trial had been sustained on March 12, 1958, the defendant filed with the clerk of the circuit court on May 5, 1958, a notice of appeal. The notice bore no indorsement of the kind exacted by OES 19.030(2) showing proof of service. According to an affidavit filed by counsel for the defendant July 3, 1958, the notice of appeal was…