Oswalt v. Austin

The appellees have filed a motion to dismiss this appeal. The facts bearing thereon are in substance as follows:

The appellant, as the administrator of the estate of a decedent, filed a bill of complaint against the appellees. The case was taken under advisement by the court below for a decree in vacation, and a decree dismissing the bill was rendered on the 14th day of December, 1940. No petition for an appeal was filed with the clerk of the court below and no bond therefor was given. The record was filed in this court on November 18, 1941. No bond for an appeal is required of an executor or…