Smith v. Spitznogle

— This appeal is from the Boone Circuit Court. The error assigned is that the court erred in overruling appellants’ motion for a new trial.

The appellees have previously filed a motion to dismiss this action which motion has been held in abeyance. We now proceed to dispose of this motion.

The grounds of the motion to dismiss are: (1) The motion for a new trial was filed more than thirty days after the decision was rendered by the trial court and, (2) that a memorandum-affidavit of one of the appellants purporting to support the Motion for a New Trial, was filed thirty-seven days after the…