Poyntz v. Reynolds

Taylor, J.:

The two cases stated separately as above are in fact but one case, but the appellee therein now makes separate motions to dismiss, and to vacate the supersedeas therein, treating them in his motions as though they were separate and distinct cases as above styled. For *536the purpose of disposing of the motions made we will deal with them in the same way, and for brevity will refer to them herein as Case No. 1, and Case No. 2. In Case No. 1 the grounds of the motion to dismiss the appeal are: 1st. Because appellants have failed to comply with rulé 12 of this court, in not having served…