Deaton v. Deaton Truck Lines, Inc.

BROWN, Justice.

The order granting the injunction was entered on the 27th of March, 1941, and the appeal therefrom was taken on April 1, 1941. The appeal was returnable on April 17, 1941, and the case, if the record had been filed, was subject to submission, the court then being in session. Code of 1923, § 8307, Code of 1940, Tit. 7, § 1057.

The regular call of the Sixth Division began on April 21, 1941, and cases in that division were subject to call during the two weeks following that date.

Motion was filed by appellee to dismiss the appeal on June 5, 1941, on grounds, among others: “The…