Supervisors of Douglas County v. Walbridge

This is a motion to dismiss an appeal from an order overruling a general demurrer to the complaint, and, if denied, then a further motion for leave to substitute copies for the original records returned to this court on the appeal, to the end that the cause mav proceed in the circuit court pend*644ing such appeal. Upon overruling the demurrer, the circuit court gave the defendants leave to answer on certain terms; and the motion to dismiss is founded on the fact that, after the appeal was perfected, they availed themselves of such leave and answered the complaint.

I. The general principle that a…