W. V. Morse & Co. v. Engle

The original action in this case was brought by the plaintiffs against the defendants in the district court of Hamilton county, to foreclose a mortgage of real estate, and a decree was duly rendered. The defendants thereupon obtained a stay of order of sale, and about the time of the expiration of the same, instituted a proceeding to vacate the decree, for reasons which need not be here stated. The defendants thereupon appealed to this court, the transcript being filed March 13, 1888, and notice waived. On March 13, 1889, a motion to dismiss because the order was not appealable, was filed,…