Conaway v. Ascherman

Elliott, J

Questions are made in this court by answers filed to the assignment of errors, which first require attention.

The answer of Charles French shows that he was not a party to the action in which the judgment was rendered and that he disclaims all interest in the controversy. The record sustains this answer, and as to him the appeal is dismissed and judgment will go in his favor for costs.

The other appellees answered the assignment of errors in four paragraphs. The first is that the certificate of the clerk is not dated upon a.“day certain or ascertainable.” This we *188regard as an…