Morgan v. Campbell

This is an appeal by an administrator from the judgment of the court of ordinary, rendered on the application of the administrator for a final settlement. When the case was called in the superior court, the appellee moved to dismiss the appeal. The court refused to dismiss the appeal, and the case proceeded to trial and resulted in a verdict favorable to the administrator. A direct exception was taken to this court by the unsuccessful distributee.

1, 2. The bill of exceptions recites that the plaintiff in error “moved to dismiss the appeal, because it failed to appear that the costs in the…