Warner v. Warner

The opinion of the court was delivered by

Smith, J.:

This case, being an action to set aside a will, was tried to the district court of Butler county, without a jury, on June 15, 1908, and after the evidence of each party had been introduced the records of the court show the following proceedings:

“Thereupon the court suggested that the cause be submitted on written briefs, and, the parties consenting thereto, the court gave the plaintiffs sixty days in which to submit their written brief and argument to the court or the judge thereof, and to serve a copy thereof on the attorneys for the…