Barton v. Kavanaugh

On the motion to dimiss the appeal :

Lea, J.

The plaintiffs have moved to dismiss the appeal taken in this case, on the grounds:

*3331st. That they have not been cited to answer the appeal.

2d. That the evidence adduced on the trial was not reduced to writing, and no statement of facts accompanies the record.

3d. That there being no statement of facts, the court cannot, under the circumstances, determine whether the District Judge erred in the instructions and rulings embraced in the bills of exceptions.

The order of appeal was granted upon a petition filed for that purpose which, however, contains no…