S. S. Kresge Co. v. B. D. K. Co.

This cause comes into this court both upon error and appeal by S.S. Kresge Company. Motion is made on behalf of The B.D.K. Company to dismiss the appeal, it being claimed for this motion that the action below was not a chancery proceeding.

"Where a defeated litigant is doubtful of his right of appeal, he may prosecute appeal and error concurrently to the Court of Appeals.

"Where both appeal and error have been prosecuted to the Court of Appeals, a perfected appeal suspends the judgment of the trial court; and if a motion to dismiss is filed by the appellee it becomes the first duty of the…