Petersen v. Ohio Copper Co.

Respondent has moved to dismiss the appeal and cited many cases in support of the motion. Appellants have made no reply thereto, but the motion involves an important question of practice and is of sufficient importance to justify a somewhat extended review.

The decree was filed December 29, 1926. No notice was given by respondent, so that appellant had six months within which to file notice of intention to move for a new trial or to file and serve their notice of appeal. On June 25, 1927, appellants served upon respondent their notice of intention to move for a new trial and filed the same…