Hosner v. Keahon

The record in this case is very improperly made up. It contains no headings, showing the affidavits used for or in opposition to the motion, nor does it show the order appealed from; and it is improperly indexed. This court would be justified in dismissing the appeal for this reason; but, although the imperfections in the record have caused much labor that could easily have been obviated had the return been properly compiled, we have carefully examined it upon its merits. It appears that issue was joined herein on'June 24, 1907, and that on September 18, 1907, the defendant made a motion to…