Copland v. Wohlwender

Wyatt, Justice.

Monroe Stephens filed in this case a “motion to dismiss the alleged bill of exceptions.” The motion is based upon certain contentions with reference to the manner in which the bill of exceptions was served. The motion contains the contention that “Monroe Stephens was a party to the case below.” The record fails, however, to disclose that he was in any manner such a party. In fact, his name does not appear anywhere in the record except in the motion to dismiss. Therefore, according to the record, he was not and is not a party to this case, and his motion to dismiss cannot be…