State Ex Rel. Northwestern Bank v. Fidelity & Casualty Company of New York

The motion of the appellees to dismiss the present appeal for the failure of the appellant to forward to the appellees copies of its brief, as required by the Rules of this Court, is denied. The alternative motion of the appellees for an extension of time for the filing of their own brief is allowed.

The appellant assigns as error an interlocutory order by Patton, J., at the February 1964 Session striking from the complaint paragraph 13, reading:

“That there is due the plaintiff by the defendant, in addL tion to the amount in the preceding paragraph, compound interest on said principal, due…