Jewett v. Albin

Before stating the facts of this ease we will first consider respondents’ motion to dismiss the appeal. This motion is based upon the claim that the proposed bill of exceptions was not presented in time and that the notice of appeal was not filed in time.

The trial was had without a jury and resulted in a judgment for plaintiffs which was entered November 21, 1924. On November 24 respondents served on appellants a written notice that the findings and judgment in favor of plaintiffs were signed and filed November 20, 1924. Appellants on December 1, 1924, served and filed their notice of…