Succession of Pavelka

On Motion to-Dismiss.

OVERTON, J.

Prank Pavelka, the husband of the deceased, Veronica Pavelka, is the appellant from a certain judgment rendered in this cause against him and in favor of Caroline Repak, the daughter of the deceased by a prior marriage. Caroline Repak, the appellee, has moved to dismiss the appeal. The motion for dismissal, in so far as it is necessary to quote it to show the grounds therefor, reads as follows:

“On motion of L. H. Gosserand, counsel for appellee, Mrs. Caroline Repak, and on suggesting to the court that on the face of the papers the appeal herein taken is…