Welch v. Calhoun

The submission of this cause is upon a motion to dismiss the petition in error. The ground assigned for the motion is, that there was no final judgment or order rendered in the district court upon which a proceeding in error could be predicated. The order complained of was made upon a motion to strike the amended petition of plaintiff from the files. It is as follows :

“And now, on the 1st day of October, 1886, this cause comes on for further hearing and ruling of the court on the motion of the defendant, Simeon H. Calhoun, to *167strike the amended petition from the file, and this said motion,…