Ward v. Tucker

The opinion of the court was delivered by

Stiles, J.

The respondent did not appear at the settlement of the statement of facts, and there is no copy of the notice in the record. The judge who tried the cause *400certifies that the defendant had given due notice to the opposite party and his attorneys that the statement had been prepared, and filed, and that it would be settled upon a certain day, April 7, 1893. Upon this respondent moves to strike the statement, and the motion must be granted. The settlement of a statement of facts is the process by which this court acquires jurisdiction of the…