Schulze v. Fox

Most of the questions arising in this case may he disposed of in considering the motion to dismiss the appeal. The reason in support of that motion, that the appeal was taken pending a motion for a new trial and before the judgment was rendered, has, by agreement of counsel, been waived and abandoned. Another ground, that the exception was not signed during the term at which the case was tried, and that the order extending the time was not passed during that term, has been relied on, hut we think it very clear it cannot he sustained. The rule of Court set out in the record, provides that…