"W" Sheep Co. v. Pine Dome Oil Co.

PotteR, Chief Justice.

This cause is here on error, and has been heard upon a motion to dismiss and also upon the merits subject to the disposition of that motion. The defendants in error, however, have not appeared except by their motion to dismiss, and might, no doubt, under our decisions, be entitled still to file and serve briefs upon the merits if their motion to dismiss should be denied. But the motion must be sustained.

It will be necessary to consider only one of the several grounds assigned in the motion, viz: That the proceeding in error was not commenced within one year after the…