Neis v. Pool

The plaintiffs brought this action to recover for damages and injuries sustained in an automobile collision. At the close of plaintiffs’ case, the court dismissed the action, with this resulting appeal.

At the outset we are met with a motion to strike the statement of facts because it was not filed within ninety days after entry of judgment. It has been our oft repeated holding, under the statute fixing the time for filing statements of facts, that the filing within ninety days after judgment is jurisdictional. Rule VII of this court, adopted Jan. 14, 1927, fixes the time as “90 days after the…