Van Dyke v. Fishman

On the- application by plaintiffs in error to have their writ of error made a supersedeas the defendants in error, as their first step, and without discussing the merits, seasonably interposed their objection thereto solely on the ground that the writ of error was improvidently issued. Their objection is equivalent to, and is to be considered as, a motion to dismiss the writ upon the ground that it does not lie in this case. This is not an ordinary law action or suit in equity. It was instituted under a statute of the state passed in 1907 to establish disputed corners and boundaries of land.…