Spurlin v. Spurlin

Opinion op the Court by

Judge Fulton

Dismissing appeal.

This appeal is from a judgment rendered at a time when the appellants, defendants below, had tendered and offered to file an answer and when the motion to file the answer had not been ruled on. Appellants moved to set aside the judgment and this motion was passed to a succeeding term of court. "When the motion tp file the answer and the motion to set aside the judgment were overruled at the succeeding term, the appellants were compelled to obtain an appeal in this court since the judgment did not grant an appeal.

On this appeal, granted by…