Navel v. Grannis

During the term when a case was tried, a motion for new trial was made and a brief of evidence was filed, but owing to a disagreement of counsel, the brief was not then approved. When the motion was called at that term, counsel for plaintiff not being present, it was continued by the court to the next term. When it was then called, a motion was made by defendant to dismiss it, because the brief of evidence had neither been agreed upon nor approved at the term when the motion was made. The motion to dismiss was overruled, and the brief perfected:

Held, that it was proper to overrule the motion…