German American Bank v. Cramery

Plaintiff’s action was instituted on two promissory notes. The judgment in the trial court was for the defendant. Afterwards plaintiff appealed to this court and then dismissed the appeal, and, on the 28th of January, 1914, sued out a writ of error returnable the 2nd day of March thereafter. Defendant has filed a motion to dismiss the writ for failure to give him twenty days’ notice before the return day, as required by section 2071, Revised Statutes 1909. Plaintiff resists the motion. The following is made to appear in affidavits of the attorneys in the cause.

The suit was brought in Marion…