Ehrmann Mfg. Co. v. Carroll & Sons

Appellee’s motion to dismiss this appeal, being based upon matters in existence at the time of submission of the appeal upon its merits in this court, and being made some 20 days subsequent to the date, of such submission, and after appellees had filed their briefs in this court, comes too late, and vpill be disregarded.

It may not be out of place, though, to say that rule 43 of the Supreme Court (Code 1923, p. 893) provides that the certificate of appeal therein mentioned shall be made out and forwarded to the clerk of this court “when a party to a civil case has executed, had approved, and…