Stewart v. Spalding

Upon the application of the plaintiff a writ of error was issued out of this court on the 5th day of November, A. D. 1920. On the 9th of November the defendant (defendant in error) by Wm. B. Lymer, Esq., one of his counsel, appeared and moved that the writ of error heretofore issued as aforesaid be quashed for the reason that the plaintiff in error failed to file a bond with the clerk as required by section 6 of Act 44 S. L. 1919. This motion was the outgrowth of the mutual desire of both parties to have the question determined by this court owing to the inapt language of the statute. The…