Norman v. Norman

(after stating the facts as above). The question now before this court is: Should the motion to dismiss the appeal be sustained or denied?

If the response is sufficient to raise an issue of fact, the motion should not be sustained until the issue of fact is determined. We do not think the response raises any issue, either of law or fact. The motion of the defendant in error to dismiss the appeal is supported by her duly verified affidavit that the order of the court made on January 10, 1922, has not been complied with by the plaintiff in error. The plaintiff in error evades this issue by…