Lightle v. Ivancovich

By tbe Court,

Hawley, C. J.:

Appellant moves to reinstate tbe appeal in tbis case, wbicb was dismissed on tbe first day of tbe present term upon an ex parle motion made by respondent under rule three of tbis Court.

Tbe motion is based upon an affidavit made by appellant’s counsel, stating tbat tbe appeal was taken in good faitb; tbat several days prior to tbe commencement of tbe present term of tbis Court affiant requested tbe clerk below to prepare a transcript on appeal; tbat no fees were paid or tendered by affiant, and none demanded by tbe clerk. Affiant also states tbat it was bis…