Weston v. Weston

This cause is before us upon a motion to dismiss the writ of error upon the ground that the plaintiff in error did not within five days from the granting of the decree file notice of an intention to apply for a writ of error.

The motion is grounded upon the theory that this is “an action for divorce,” and that it is such an action within the meaning of that part of section 5605, C. L. 1921, which reads as follows: “No writ of error shall be taken or allowed or prosecuted from the supreme court to review a judgment or decree of any court in an action for divorce, except at the time and in the…