Willoughby v. Brown

It is insisted that, in' the absence of such a statement as is contemplated by section 340 of the Code, no appeal can be taken. If this objection is valid, it is urged in apt time. The appellee confines his motion to the dismissal of the appeal, and limits his appearance accordingly.

The section of the Code just mentioned is as follows: “ When the party who has a right to appeal wishes a statement of the evidence and exceptions saved of the case to be annexed to the record of the judgment or order, he shall within twenty days after the entry of such judgment or order, or within such further…