Harlow Publishing Co. v. Tallant

The plaintiff in error filed its appeal in the district court of Oklahoma county from a judgment rendered against it, as defendant, and in favor of George A. Tallant, as plaintiff, in a justice of the peace court. On the same day that the appeal was filed, the defendant in error filed his motion to dismiss the appeal on thq ground that the appeal bond was fatally defective. Ten days later, on a regular assignment day of the same term, and in the absence of plaintiff in error, the motion to dismiss was sustained. On the day following, the plaintiff in error filed an unverified motion to vacate…