Adamson Et Ux. v. Brockbank

LATIMER, Justice.

Before treating the merits of this controversy, it is necessary to rule on and dispose of a motion to dismiss the appeal interposed by plaintiffs after the case had been argued on the merits.

Judgment for the plaintiff was given by the Trial Court on March 29, 1946. A motion for new trial was timely filed and was overruled by the court on May 17, 1946. On June 2, 1946, plaintiffs served on defendants a notice that on the 22nd day of June, 1946, counsel would move the court for an order amending the judgment and decree incertain particulars.

In the original judgment entered by…