Wilhelm v. McLaughlin

In this case the appellants and the appellee filed separate notices of appeal from the decree of the chancery court. The appellee has moved for a dismissal of the appellants’ appeal, on the ground that their notice of appeal was filed before the entry of the decree and was therefore ineffective. The motion presents a question of first impression, and since the point is apt to recur we think it best to dispose of the motion by a written opinion.

The two-day trial in the court below ended on June 25, 1957. At the conclusion of the proof the chancellor stated that he would decide the case…