Auto Convoy Company v. Smith

The present dismissing of this appeal would be quite untimely, and in my view would perpetrate a definite and very obvious injustice. We do not need to do so and the holder of this invalid judgment is not entitled to have us do so, nevertheless, the decision of dismissal of this appeal is about to validate and make permanent a large money judgment which is invalid and which has been determined to be invalid by solemn judgment and duly adopted and promulgated opinion of this court, as filed in this cause and printed in 30 O.B.J. 1147. That determination was made after hearing both parties on…