Edwards v. Thorne

The respondents have filed a motion to dismiss the appeal in this action and to affirm the judgment appealed from in the respect hereinafter specified.

On December 27, 1933, the judgment was entered by the circuit court in this case, in which judgment it was stated that the defendants had, in open court, given notice of appeal to the Supreme Court. On December 30, 1933, the undertaking on appeal was served and filed. Thereafter the plaintiffs excepted to the surety, who, on January 6,1934, appeared and justified before the court.

On January 27, 1934, the court, without notice to the plaintiffs,…