Burlingham v. . Canady

"WalKer, J.

_ Tbe defendants in tbis case appealed to this -Court from a verdict and judgment rendered against them in tbe court below, and served their case on appeal upon the plaintiffs. Tbe plaintiffs, disagreeing to this case, prepared a counter-case and caused tbe same to be duly served upon tbe defendant’s counsel by tbe sheriff, who made a return to that effect. Both cases were then filed in tbe clerk’s office. Plaintiff’s counsel moved in tbis Court to affirm tbe judgment, as no case on appeal had been sent to tbis Court, though tbe record proper is here, tbe motion being based upon…