Schaefer v. Montgomery Ward & Co.

A petition for rehearing having been filed, it is deemed proper that an opinion should be rendered upon the propriety of our order dismissing this appeal.

The reason that the appeal was dismissed is that a majority of the court thought the failure to include in the transcript a copy of the return of service of the notice of appeal within the time required by law to file the other papers comprising the transcript prevented this court from acquiring jurisdiction. In other words, where, as in this case, such return of service has not been so filed, this court does not acquire jurisdiction.

Defendan…