Wheeler v. Exchange Nat. Bank

This is an appeal from an order and judgment of the trial court sustáining a demurrer to the answer and cross-rpetition and entering. judgment on the pleadings. The. judgment was entered March 27, 1945. Although notice of intention to appeal was given at said time, no order was made by the trial court extending the time in which to make and serve case-made. Thereafter, on May 3, 1945, the court entered an order overruling a motion for new trial and extending the time in which to make and serve case-made.

A motion to dismiss has been filed for the reason that the appeal is by case-made and this…