Wood v. Fort

On the 18th February, 1867, an act was approved, which declared that “no undecided appeal to the supreme court heretofore or thereafter taken, should be deemed or treated as discontinued, or as having ' otherwise lost its force, unless the appellant should duly move for a discontinuance, after the legal cause for a discontinuance had occurred.” In the case of Carlton & Slade v. Betts, in manuscript, we held that statute to be unconstitutional in its application to appeals taken before its adoption. We have now a motion for an affirmance on certificate of a judgment from which the appeal was…