Dill v. White

This appeal was submitted on briefs. The respondent claimed that there was no proper return of the appeal, and moved that it be dismissed.

*618The appeal is from an order. The statute requires the clerk of the court below to transmit to this court the order appealed from and the papers used on the application for the order, the notice of appeal and the undertaking on appeal; and to annex to them his certificate that they are the papers transmitted to this court pursuant to the appeal. Tay. Stats., 1632. § 5.

Upon inspection, we found the notice of appeal with affidavit of service, and the…