Francis v. Martin

ON Motion to Dismiss.

Moegan, J.

Appellee moves to dismiss this appeal on the grounds—

First — That a suspensive, appeal was illegally granted.

Second — Because the appeal was not applied for within the delays allowed by law.

Third — Because the application for an appeal was granted after the expiration of more than ten days after the adjournment of the court by which the judgment was rendered.

The first ground need not be noticed, as the alleged illegality of the application and order of appeal are contained in the second and third grounds.

The second and third grounds may be considered together.

The…