Fritz Jahncke, Inc. v. Fidelity & Deposit Co.

On Motion to Dismiss.

ST. PAUL, J.

This is a motion by H. W. Bond & Bro. to dismiss the appeal herein taken by John Thatcher & Son, the sole appellants, on the ground that said appellants have no interest in prosecuting said appeal.

This appeal was taken from a' judgment amending, and approving as amended, the report of a special commissioner appointed to hear and make recommendations in these concursus proceedings. The proceedings arose over the distribution of a fund deposited in the registry of the court, which fund grew out of a building contract between the Benevolent Association of Elks,…