Whitney v. Spring River Power Co.

*175The opinion of the court was delivered by

Benson, J.:

A motion is presented to "dismiss the proceedings in error. The district judge made an order at chambers on May 27, 1909, discharging a temporary injunction. The plaintiffs excepted to the order for the purpose of having it reviewed upon a petition in error. The judge allowed thirty days from that date in which to file such petition in this court, and the petition was filed on June 18, 1909, within that time and in accordance with the practice under the code then in force. (Gen. Stat. 1901, § 5053.) An appeal was not taken nor attempted…