Clark v. Opp

Action upon an alleged oral contract to recover commissions upon royalties received by lessor from lessee of mining property. From a judgment in favor of plaintiff against defendant, Eose Opp, said defendant appeals.

It is urged in respondent’s brief that this appeal should be dismissed and the judgment of the lower court affirmed for the reason that no bill of exceptions was filed within the time prescribed by law.

Before issue was joined on appeal, that question was presented on motion and counter-motion; and, on October 6,1936, an order was made allowing appealing defendant 20 days therefrom…