Kennedy v. Derrickson

*290The opinion of the court was delivered by

Hoyt, J.

Respondent moves the court to dismiss the appeal because no motion for a new trial was given in the court below. This motion was not included in the brief, but notice thereof was, and although this was not a technical compliance with the rules of this court, yet we think, under the circumstances of this case, such notice, together with the actual filing and serving of the proper motion, was a substantial compliance therewith. The motion, however, must be denied. This court has held that an appeal will lie in a case in which no motion for a new…