Merrill v. Winans

Pee Cueiam.

The action in this case was instituted by Earle A. Merrill, an attorney, as plaintiff against the defendant, Winans, another member of the bar, to recover a certain sum of money alleged to have been illegally withdrawn from the office of the clerk of the Court of Chancery, which sum had been deposited with the clerk as security for the costs of an appeal to the Court of Errors and Appeals.

It is unnecessary to go into the merits of the appeal inasmuch as the specification of cause for reversal, herein called ground of appeal (and which is in the form of a notice of appeal to the…