Osborn v. Walker

HEFLIN, Chief Justice (dissenting) :

The appeal bond filed in this case recites that the appeal is from the decree of June 18, 1971 rather than the date of April 1, 1971. This was obviously a clerical error. This is substantiated by the manner in which the parties conducted the proceedings on appeal. None of the assignments of error referred to the June 18th ruling, but all that mention a decree or date refer to the decree of April 1, 1971. Counsel for both sides argued the merits of the April 1 decree. Appellants stated in their brief that “Complainant, Edward L. Osborn, appealed said decree…