Ford v. Brooks

Dissenting Opinion.

Fenner, J.

The motion to dismiss is found in the record, but without the usual endorsement of filing by the Clerk.

■ The affidavit of counsel that the motion “ was written by him on the 22d of April, 1881, in the clerk’s office of the Supreme Court, one of the Clerks in said office furnishing him the paper; that, after he had written the motion, he handed it, with the transcript, back to the Glerlo or one of the deputies, which one he does not now remember, with the request that he file the same ; that he first discovered that the motion had mot been filed on the 2d of…