Schmid v. Schmid

Irvine, C.

This case was originally brought into this court by appeal, but the transcript not having been filed within the period prescribed by law, upon motion, the appeal was' dismissed, and the appellant given leave to file a petition in error. No motion for a new trial was made in the trial court, and that fact precludes us from an examination of any of the questions raised, except those which arise upon the assignment of error that the petition does not state facts sufficient to constitute a cause of action. ■ The petition alleges that the plaintiff Regina Schmid, on August 23,1887, was…