Schulz v. Boyd

Defendant in error moves to strike the statement of facts from the record for the following reasons: (1) Because it was filed after the expiration of time allowed by law, without showing the exercise of due diligence to file in time. We have examined the showing made by plaintiff ,in error, and are satisfied that due diligence was exercised under the circumstances; therefore overrule this contention.

2. The second ground urged is that the statement was not agreed to by the parties. At the time attorney for defendant in error signed the statement, he wrote above his signature, to this effect,…