Home v. Duff

A motion to dismiss the writ of error in this case,' on the ground that no assignment of errors had been filed, was overruled the last day of the April Term, and an order entered allowing the assignment to be filed mmc pro tunc.

Such.assignment, however, was not actually filed until the last day before the present term. Previous to this, another motion to *345dismiss the writ had been filed, on the ground of a failure to comply with the order referred to. Since the failure to file the assignment of errors during the vacation of the court has occasioned no real or considerable delay in the…