Estey v. Sheckler

This is a motion to vacate an order and judgment of dismissal, entered under Rule 4, because the appellants failed to cause tbe proper returns to be made and filed with this court within twenty days after perfecting tbe appeal. It appears that the appeal was perfected on tbe 8th day of July last, and that tbe order of dismissal was entered as authorized by the rule July 30th — the return not then having been filed with the clerk of this court. It further appears that a certified copy of the order of dismissal was filed with the clerk of the circuit court about the 3d day of August, and notice…