Easter v. Acklemire

Franklin, C.

This action was brought by appellees against appellant and one Henderson,on a Supreme Court appeal bond.

Appellant demurred to the complaint. The demurrer was overruled, and an exception reserved. The ruling upon the demurrer is the only error assigned.

The cause was submitted in this court May 20th, 1881.

On the 5th of October, 1881, appellees filed a motion to dismiss the appeal, for the reason that Henderson, the co-judgment defendant, did not join in the appeal, and was not made an appellee in the assignment of errors, with the proper notice served upon him.

In the recent…