Kelley & Lysle Milling Co. v. Schreiber

The opinion of the court was delivered by

Burch, J.:

In the district court the plaintiff recovered. The defendant appealed, and the plaintiff moves to dismiss the appeal on the ground the notice of appeal was not served in time.

The issues of fact and of law were referred to a referee, who filed his report on October 17, 1911. Findings of fact and conclusions of law favorable to the plaintiff were separately stated. The defendant promptly filed a motion for a new trial and a motion to set aside the report. The plaintiff filed a motion to confirm the report. These motions were argued in…