Butler v. Scott

The opinion of the court was delivered by

Mason, J. :

In this case the only question necessary to be determined arises upon a motion of defendant in error to dismiss the proceedings on the ground that the case-made is a nullity because settled by the trial judge after he had lost jurisdiction. .The judgment complained of was rendered November 29, 1902, when defendant (the losing party) was given until February 1, 1903, to make and serve a case, plaintiff being *513allowed ten days thereafter to suggest amendments. It was also ordered that the case was to be settled on five days’ notice, but further…