Smith v. Smith

Opinion by

LOGSDON, C.

A motion to dismiss this proceeding in error was filed by the 'plaintiff September 17, 1923', and on October 9, 1923, an order was made pro forma denying said motion. At the time this order was entered the ease had not been briefed upon the merits nor ordered submitted. Upon filing of! the briefs in the case the cause was thereafter submitted and assigned upon th^ merits.

At 'the threshold of this case the motion of plaintiff to dismiss the appeal is presented and urged in ‘his brief. The ground upon which, a dismissal is urged is that defendant has recognized the validity…