Drew v. Drew

The defendant’s motion for a new trial was, by an order passed in term time, set for a hearing on October 28, 1933, which was in vacation, but the time within which to present for approval a brief of the evidence was limited to October 14. No brief of evidence was presented for approval within the time required. On the 28th of October, when the case came on for a hearing as set by the order, counsel for the respondent moved to dismiss the motion for a new trial, on the ground that no brief of evidence had been presented to the court for approval. Counsel for the movant thereupon moved for a…