Bain v. Tolley

This is an action to foreclose a mortgage on real property. It was tried before the court, with a jury acting in an advisory capacity. The jury answered certain interrogatories favorably to respondent. The court made findings of fact and conclusions of law, and on December 29, 1921, made and entered judgment for respondent and against appellant.

The legislature has provided a method of taking appeals from the district court. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered a notice of appeal, and serving a similar notice on the…