Alvord, Kellogg & Campbell v. Little

The Chief Justice

delivered the opinion of the court.

The case having been reached in its order, the argument upon the merits was opened by counsel for appellants. Counsel for appellee then submitted his argument and brief, in which he raised the objection that the appeal in this cause had not been taken according to the provisions-*160of the statute, and that this court for that reason was without jurisdiction. ¥e feel strongly inclined to reprehend this course. It was the duty of counsel to bring such questions to the attention of the court before an entire day had been consumed in hearing the…