United Railway Men's Oil Ass'n v. Dupuy

Appellee has moved to dismiss this appeal on the ground of abandonment, alleging that the transcript was filed in this court on November 24, 1926, and that:

“The appellants have made no effort to have the case tried or advanced for trial, but permitted the court, without objection, to have the case placed on the delay or dead docket, and have abandoned the appeal and thereby acquiesced in the judgment of the lower court by allowing five years to elapse without any effort to have the judgment of tlie lower court reversed on appeal, which period of prescription is pleaded by your petitioners.”

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