Hamill v. Bank of Clear Creek County

This matter comes before the court on motion to dismiss the appeal very much out of the usual course and according to a practice which has seldom been resorted to in the state. The procedure commends itself to our judgment. That the practice may be thoroughly settled, we are inclined to express our views respecting it.

This was a proceeding in forcible entry and detainer, wherein the county court rendered a judgment and decree on the 18th day of November, 1895. The defendants filed a motion for a new trial, and, on the date of the entry of the judgment, the court ordered the execution to be…