Durham Coal & Iron Co. v. Bischel

At the outset of the investigation of this case we are confronted with the following motion:

“Comes the defendant in error, Mrs. Fred Bischel, and moves to dismiss the plaintiff in error’s appeal and to affirm the verdict of the jury and judgment belo.w, or to remand this cause for issuance of execution, and as grounds therefor assigns the following:

“It does not appear from the transcript that there was either any minute entry of the filing of the motion for new trial herein, or that the motion for new trial was placed on the minutes, as is required in order to perfect an appeal, and hence…