Gallt v. Finch

By the court, Mason, Justice.

This case comes before us on a motion to strike the case from the calendar: First, upon the ground that no appeal in said action has been brought or is pending; secondly, that no papers upon the appeal have been served or furnished the attorney for the defendants; and thirdly, that the court will be then and there moved for such other or further order in the premises as may be just. This is an appeal from an order made by Justice Balcom, at chambers, on the 13th day of May last, on defendants’ motion striking out the plaintiff’s demurrer to the defendants’ action…