State Ex Rel. Lile v. Glenn

The appellees move to dismiss complainant’s appeal in this case because the motion for a new trial was not filed with the clerk and master and submitted to the court within fifteen days after the rendition of the verdict, as required by rule 31 of the chancery court.

This objection to the consideration of the motion for a new trial was not interposed until after the chancellor had heard the argument and overruled the motion for a new trial. The chancellor did not invoke the rule himself, and declined to deny the complainant the right of an appeal for failure to comply with it, because the rule…