Fleece v. Jones

In this action the appellees, William J. K. P. Jones, James M. Emmons and Lindsey L. Thrift, were the plaintiffs, aud the appellant, Fleece, and one Robert F. O’Rear were the defendants below. After the submission of the cause by the appellant, on the appellees’ default, they appeared and moved this court, in writing, to dismiss the appeal for the reason that the appellant, Fleece, had not served notice of his appeal upon his co-defendant, O’Rear, as required by section 551 of the code. 2 R. S. 1876, p. 239. Before this motion was considered by the court, and, it would seem, three days before…