Sumner v. Gear

OPINION OF THE COURT BY

DE BOLT, J.

This cause came before us on complainant’s motion to have the interlocutory appeal of respondent placed on the calendar and dismissed for want of prosecution. While counsel were arguing this motion the court suggested the question as to *220whether or not the appeal was taken prematurely, and this latter question also- was argued.

It appeal’s from the record sent up that while the cause was pending before the circuit judge on complainant’s bill and respondent’s demurrer, respondent, on July 5, 1910, filed his notice of appeal “from the decree * * ® rendered in…