Bates v. Sanders

delivered the opinion of the Court. ■

The hill in this cause was dismissed by the chancellor upon demurrer on September 18, 1934. The record was filed in this court on November 3, 1934. The assignment of errors was filed on 'December 11,1934, and the cause set for hearing on the 14th of December following. On the latter date counsel for defendants filed a written motion to dismiss the appeal because the assignment of errors was not filed ten days before the cause was set for hearing, as provided by the rules of this court. To this motion counsel filed a written reply, in which it is alleged…