Reed v. Cromer

This is a motion to dismiss an appeal, because it was made returnable on a date more than ninety days after the date of the filing and recording of the entry of appeal.

*391The appellants concede that ‘ ‘ it was inadvertently made returnable to the 5th day of July, A. D. 1923, a period of ninety-four days.”

It is strongly contended by the appellants, in an exhaustive and well reasoned brief, that this is a defect that can be waived by the appellee, under the circumstances shown by the record.

Writs of error and appeals in chancery are matters of right. Sections 2908 and 3167 Revised General…