Pershing v. Wolfe

The appellees have filed an unusual motion, for which we are unable to find any exact precedents. The industry of counsel have called none to our attention, nor have our own researches resulted in finding one even *83analogous to it. According to the record, by which we must be' governed, the case was brought here by an appeal prayed in February, 1894. The appeal was to the court of appeals. It was allowed on condition that the appellants file a bond in a specified time and designated amount. This proceeding is indirect^ attacked by an affidavit filed with this motion, whereby the parties seek…