Vallee v. Hunsberry

On the Motion to Dismiss the Appeal.

The opinion of the court was delivered by

Monroe, J.

The transcript in this case was filed in this court November 8th, 1901; and upon February 21st of the present year, the defendant and appellee moved to dismiss the appeal upon the grounds: (1) That the transcript fails to show any order of appeal from the only final judgment “read and signed”; (2) that the district court had divested itself of jurisdiction by granting an appeal to the court of appeal and could not thereafter grant an appeal to this court; and, (3) that no notice of the appeal was served on…