Yerger v. Bross

LA PRADE, Justice.

Judgment in favor of appellees was entered on February 11, 1948, following a verdict in their favor. Within the time prescribed by the rule appellant filed a motion for a new trial followed by an amended motion and a second amended motion. In the latter motion it was alleged and not controverted that the court reporter who had reported the evidence was temporarily incapacitated and that appellant would not be able to perfect his record within ninety days from the date of giving notice of appeal. The motion for a new trial was denied. Notice of appeal from the judgment was…