Snyder v. Kelso

The opinion of the court was delivered by

Anders, C. J.

This is a motion to strike the statement of facts from the record and to dismiss the appeal. It appears from the transcript that the notice of application to the judge who tried the cause to settle and certify the statement of facts was not served upon the respondents until nearly four months after the rendition of the judgment appealed from. As the statute requires the notice to be given within thirty days after judgment, it follows that the notice was too late to confer jurisdiction upon the judge to settle the statement. It seems that…