Walton v. Williams

The opinion of the court was delivered by

TaRSNEY, J.:

This case comes to this court upon petition in error upon a transcript of the record of the probate court of Grant county. There is pending a motion by defendants in error to dismiss appeal. There is no merit in either cause assigned therefor. Whether plaintiffs in error caused to be issued from this court, within sixty days, or any other time from the filing of their petition in error, a summons in error, is immaterial, provided the summons in error was issued, and the appeal perfected, within one year from the rendition of the judgment…