Farmers' Development Co. v. Rayado Land & Irrigation Co.

OPINION OP THE COURT.

ROBERTS, C. J. —

This cause was in the court heretofore, on appeal, which was dismissed, because of defective and insufficient assignments of error. (See former opinion, vol. 18, p. 1.) After the dismissal of the appeal, this writ of error was issued by the clerk of the Court upon a praecipe therefor, filed in his office, in accordance with the provisions of section 3, chapter 57, S. L. 1907. Defendant in Error, seeks by motion, to have the writ of error dismissed upon the following grounds, viz:—

1. That there has-been no cost bond filed by Plaintiff in Error.

2. That the…