Smith v. Jones

On the face of the record in this case and from the extract from the minutes of the district court, it appears that the defendant was granted an appeal from a judgment on confirmation of default which revived a former judgment obtained against her by the plaintiff on December 11, 1931.

The original judgment which was revived is in, and forms part of the record, but we fail to find the judgment of revival which is the one from which the appeal was granted and taken, nor a copy thereof, in the transcript of appeal.

The case was fully argued and submitted as though the judgment had been actually…