Supreme Forest Woodmen Circle v. Newsome

After argument of this case before the court in May, 1940, the defendant in error filed, on August 12, 1940, a motion to dismiss the writ of error, on the ground that there is not attached to the bill of exceptions or to the brief of counsel for the plaintiff in error a certificate showing that the costs accrued against it in the trial court have been paid and nowhere in the record does it appear that such costs have been paid. Bespondent calls attention to the fact that the motion comes too late, because the requirements of Buie 35 of this court (Code, § 24-3635) have not been met. This rule…