D. M. Miller & Co. v. Slease

OPINION OP THE COURT

WATSON, J.

While appellees move, both to strike the' transcript and to dismiss the appeal, we find no ground assigned nor urged for the former action.

The cause was formerly before us on motion to docket and affirm. That motion was denied. D. M. Miller & Co. v. Wm. D. Slease, 30 N. M. 469, 238 P. 828. In disposing of that motion, we found it unnecessary to decide whether the appeal was premature. Here the question is squarely raised. As stated in the former opinion, the judgment was filed February 25, 1925, but bore date February 5, 1925, and contained allowance of appeal in…