Marshall v. Milwaukee & St. Paul Railroad

This is a motion to dismiss an appeal for the reason assigned in the motion, that an appeal heretofore taken by the appellant has been dismissed by the court for want of prosecution thereof, and because the appeal is taken for the purpose of delay. The affidavit of Mr. Brigham, read in support of the motion, states that the judgment appealed from was recovered on the 12th day of December, 1865, on which an execution against the property of the defendant was issued on the 26th day of December, 1865, and persons were summoned as garnishees to answer on the 6th day of January, 1866, and on that…