Pittman v. Lageschulte

SMITH, J:

In May, 1961, plaintiffs, James and Amilly Pittman, obtained a $7,130 judgment against defendant, Myron P. Lageschulte, for conversion of some cows. To stay a capias, he posted bond and took an appeal. While the appeal was pending we received plaintiffs’ motion requesting that it be dismissed for failure of defendant to file his brief and abstract within the allowed time. Such motion was filed in this court on January 3, 1962. Eight days later, to our surprise, we received defendant’s motion requesting the same thing, but for decidedly different reasons. His motion recited that the…