State ex rel. Brannum v. Sparks

OPINION

By THE COURT:

Submitted on motion of relator-appellee to dismiss the appeal: First, the question has become moot; second, to reduce the law and fact appeal to a law appeal; third, for failure to file assignments of error and briefs within time.

The appeal being on law and fact, time did not run on filing briefs, and in such appeals assignments of error are not required. The action being in mandamus an appeal on questions of law and fact was improper. The judgment below could be reviewed only on questions of law. Vol. 2, O. Jur. 2d, p. 728, Sec. 123.

The relator sought a writ of mandamus…