Kleinschmidt v. McDermott

This is a motion of respondent to strike all the testimony from the transcript. The action was tried by the court below with a jury, and judgment was entered April 13, 1891, upon the verdict. The notice of intention to move for a new trial was filed April 24, 1891, and the statement therein was served May 4, 1891, and settled November 7, 1891. The motion for a new trial was overruled November 7,1891, and no appeal has been taken from the order thereon, and the time within *310which such action could be had has expired. The appellant filed February 25, 1892, a notice of appeal from the judgment,…