Hewins v. Weiler

— Appellee herein, before the case was submitted on the merits, moved to dismiss this appeal. The motion was granted, but, appellants having moved to set aside the order dismissing, and it appearing that they had not had notice of the motion to dismiss as required by the rules, the appeal was reinstated. On its submission on the merits appellee has renewed his motion to dismiss.

It appears from the record herein that on the seventeenth day of September, 1926, the trial court entered an order approving and confirming the report of a referee and settling the account of L. E. Hewins, as…