Treat v. State Ex Rel. Mitton

Where, on motion to dismiss a writ of error as frivolous, it appears that the case on appeal has been fully briefed on each side, and the contention of the opposing parties thereby made clearly to appear by the written arguments adduced, and where it is obvious that the judgment appealed from must inevitably be affirmed in due course of appellate procedure when the case is reached on the appellate court’s docket in due course, the motion to dismiss the writ of error as frivolous may be denied and the judgment affirmed on its merits, even though the writ of error is not frivolous in a sense to…