Cassens v. Paynter

Mr. Presiding Justice Stone

delivered the opinion

of the court.

This cause is before the court on a motion of G. D. Oassens, appellee, to dismiss an appeal from the circuit court of Madison county and to assess damages in favor of the appellee or in the alternative to strike the cause from the docket. The motion is supported by affidavits of counsel for the appellee and by the chief deputy clerk and the deputy clerk of the circuit court of Madison county. It appears from the record that on June 2, 1936, the appellant filed and served appellee with a notice of appeal to this court. No praecipe…