Welch v. National Cash Register Co.

JUDGE GUFFY

delivered the opinion of the court.

It appears that the judgment in this ca.se was rendered the 18th- of -September, 1895, and the transcript filed in the. office of the clerk of this court July 15, 1896, and no summons issued. No brief for appellee was filed. On the 20th ■of January, 1898, the judgment appealed from was reversed. On February 11, 1898, the appellee moved to set aside- and vacate the opinion and judgment rendered herein, and moved the court to enter an order that no mandate .issue on said opinion.

The contention, of appellee is that as no appeal was granted by the…