Kling v. Kimball Pump Co., Inc.

THE COURT.

Respondent moved to dismiss the appeal from the judgment entered in the court below upon the ground that appellants did not file their proposed bill of exceptions or make service thereof within the period prescribed by law. The record shows that after the entry of judgment plaintiffs duly presented their motion for new trial, which motion was denied on June 26, 1930. It does not appear that the defendant ever gave notice in writing of the order denying said motion for a new trial, or that writ ten notice thereof has been waived in writing or by oral stipulation made in open court…