Fountain Square Building, Inc. v. New Era Cafe, Inc.

A motion to dismiss the petition in error has been filed — first, upon the ground that the same was not filed in time; and, second, upon the ground that there is a defect of parties defendant in error.

As to the second ground of the motion, all parties to the judgment appear to be parties in error, and no showing is made that any other necessary party in error has been omitted. The motion, therefore, fails upon this ground.'

As to the first ground — the first question to determine is the nature of the case.

We agree with the conclusion and reasoning in the case of Harper & Kirschten Shoe Co. v…