Schaefer v. Whitson

OPINION OF THE COURT

BICKLEY, J.

Appellant has filed in this case a transcript of record which contains a bill of exceptions. The appellant was not present at the trial in person or by counsel. A motion for new trial was filed by appellee, the sufficiency of which motion is challenged by appellant. Appellant filed a motion to vacate and set aside the judgment. Both of these motions were overruled by the trial court. Subsequently, appellant prayed for and was allowed an appeal.

Judge Ryan, of the Sixth judicial district, sitting for and in place of Judge Hickey, of the Second judicial district,…