Croake

Action to quiet title. Judgment, entered August 23, 1910, went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

Pursuant to his notice of intention to move for a new trial, defendant prepared, served, and filed his proposed unsettled statement of the case.to be used in support of his motion. Thereafter, on October 17, 1910, plaintiff moved to strike from the files and records defendant’s proposed statement upon the ground that the same had not been served within the time prescribed by law, and also moved to dismiss the motion for a new trial. The court granted both motions and made its orders striking from the files and records in the case the defendant’s proposed statement of the case, and dismissed defendant’s motion for a new trial. Thereupon defendant prepared and, on January 5, 1911, caused to be settled a bill of exceptions wherein was set out and exhibited the alleged erroneous rulings of the court in the making of said orders. Defendant, however, gave no notice of appeal, either from the order striking the statement from the files, or dismissing the motion; hence, conceding the orders to have been the subject of appeal, in the…