Robertsons' Guardian v. Fidelity & Casualty Co.

Opinion of the Court by

Judge Willis

Reversing.

A preliminary question of appellate practice is presented, and must be determined in advance of a consideration of the merits. Appellee submitted a motion to dismiss the appeal, which was passed to a hearing on the merits, and it must now be decided. The plaintiff recovered a judgment for less than the amount claimed, took an exception, and was granted an appeal. The judgment was then paid, and it was assigned to Charles L. Newmiller. The basis of the motion is that the rights of the appellant under the judgment have been extinguished, and that no…