Wagner v. Buikema

This matter involves an appeal from the order and judgment of the trial court affirming the decree of the county court involving the interest of certain parties litigant therein.

The judgment of the court was entered on the 1st day of September, 1933, at the April, 1933, term of the district court, and thereafter the September term began on September 4, 1933. The motion for new trial was not filed until September 5, 1933. A motion to dismiss has been filed for the reason that the motion for new trial of the plaintiff in error was not filed within the term at which the judgment was rendered and…