Lambert v. Conrad

Plaintiff, on the 7th January, 1864, obtained an order for the seizure and sale of certain real property of defendant, while he was absent from this State, and was residing in Virginia.

In the latter part of the year 1865 defendant returned to the State, and on the 25th day ®f November, 1865, he filed a petition to appeal from the fiat of the Judge. The Judge granted the order of appeal, on 25th November, 1865, and on the 5th of December, 1865, defendant took the appeal by filing his bond of appeal. .

Plaintiff moved to dismiss the appeal for two causes : 1. Because more than a year had elapsed…