Magee v. Whitacre

OPINION

By the Court,

Orr, J.:

This case is before us on motions to dismiss the appeals from the judgment and from an order denying plaintiff’s motion for a new trial, and to strike certain portions of the record on appeal.

The case was submitted to the trial court on briefs. Thereafter, on the 14th day of April 1938 the district court rendered a written decision, which was filed on the 16th day of April 1938. The notice of appeal from the judgment was signed September 23, 1938, and filed September 26, 1938.

Intervening defendant and respondent moves the dismissal of'the appeal from the judgment,…