Coburn v. Board of Com'rs

From an examination of the record as to the point’s suggested by respondent’s motion to dismiss this appeal, we find that an order of the circuit court, made May 1, 1897, overruling defendant’s demurrer to plaintiff’s petition for a writ of prohibition, was neither filed nor entered as a record of that court until the 21st day of the following September, and that defendants appealed therefrom to this court on the 11th day of May, 1897, and filed a defective undertaking on appeal, upon which no return or admission of service appears. Again, on the 20th day of September of that year, they…