Wheeler v. . Cole

Plaintiffs, appellees, moved in this Court to dismiss tbe appeal or to affirm tbe judgment, because tbe errors alleged by tbe appellants were not properly assigned in tbe case on appeal and in accordance with tbe well settled rule of tbis Court. Tbe proper motion is to affirm, as we are required to-examine tbe record, even if no errors are assigned in tbe case on appeal or there is no case on appeal at all. But plaintiff has. submitted bis motion in tbe alternative, which is usual, and it is sufficient in form. Upon examination of tbe record, we find there are fifteen exceptions, and nine of…