Vaughan v. Kolb

Plaintiff Vaughan and intervener, City of Baker, move to dismiss defendants’ appeal because no notice was served upon plaintiff of defendants’ application for a second extension of time within which to file a transcript on appeal, and no stipulation was signed by plaintiff providing for such an extension.

Pursuant to a stipulation signed by all the parties hereto, an order granting an extension to December 10, 1933, was made. Defendants desired a further extension. Plaintiff refused to sign a stipulation therefor. No notice of defendants’ application to the court for a second extension was…