Howard v. Carter

The opinion of the court was delivered by

Cunningham, J.:

The defendants in error object to the consideration of this suit upon its merits for the reason that the court has no jurisdiction. This arises upon the claim that the case was not made in accordance with the provisions of the present statute. At the time of the rendition of the judgment the court ordered:

*87“The defendants [naming plaintiffs in error] are given ninety (90) days from the 2d day of May, 1903, to make and serve a case for the supreme court, and the plaintiff is given twenty (20) days after such service to suggest' amendments,…