Noble v. McKinley Land & Lumber Co.

OPINION OF THE COURT

WATSON, J.

This cause is before us on motion to dismiss the appeal. The appeal was not taken in open court, but allowed on ex parte application; the effective date of the allowance, whether June 6, 1923, or July 13, 1923, being in question. In view of the conclusion reached, the date is not important.

Up to the filing of this motion on November 15, 1923, no. citation had been, issued or served. Upon this the motion is based.

Appellant concedes that, standing alone, the facts above stated would require dismissal of the appeal under the decisions of this court, but contends…