Home Insurance Co. v. Rowsey

Defendants in error filed a motion to dismiss this appeal on several grounds, among which they assigned the reason for dismissal that the notice to settle and sign the case-made designated March 25, 1934, as the date on which it was to ,be presented to the trial judge for settlement, and that without serving a new notice to the defendants in error of the time and place of such settling and signing, and without the appearance of the defendants in error, or their attorney of record, or a waiver of such notice by them, the case-made was settled and signed on March 26, 1934, after the notice had…