Case v. Fox

The notice of appeal states that this is an appeal “from that certain judgment entered in this action.” Appellants’ brief states: “The appeal is from an order settling the Findings, over appellants ’ objection, by a judge other than the trial judge, also from an order disallowing appellants’ Bill of Exceptions, the same not having been settled before the death of the trial judge and were presented to and disallowed by the judge who gave judgment after the death of the trial judge.” We shall regard the appeal as though the latter question was included within it.

The action, which was begun by a…