Union Sand & Supply Corp. v. Fairport Harbor

Motion of defendant-appellee to dismiss the appeal of plaintiff-appellant is overruled.

The paramount relief sought in this action is chancery in nature in that the plaintiff is seeking an injunction and testing the constitutionality of a village ordinance.

Rule V of the Rules of Practice of the Courts of Appeals lays out the pathway for procedure with respect to evidence, briefs and arguments.

In the instant case it appears that the notice of appeal was duly filed, accompanied by the requisite bond and praecipe, and the complaint is that the appellant has not complied with Sections 1, 2 and 3…