Hunter v. Beranisch

The above entitled cause was submitted in this court June 13, 1933. Appellee appears specially and moves to dismiss the appeal for various reasons. The motion to dismiss was filed September 11, 1933. The correctness of the record has not been challenged. The reasons assigned in support of the motion to dismiss make it necessary that we carefully examine the record. Briefly stated, it shows that appellant, in the Marion Superior Court, recovered a judgment against appellee and had execution thereon issued, which was, by the sheriff, returned unsatisfied. Thereafter appellant, by one of his…