Robinson Mineral Spring Co. v. DeBautte

On Motion to Dismiss Appeal.

The opinion of the court was delivered by

Watkins, J.

The motion is based upon several grounds.

1. That the appeal is premature.

The appeal is prosecuted from a final and definitive judgment which rejects the plaintiff’s demand from which he is appellant.

It appears that in the lower court, the auctioneer who sold the property in controversy took some proceedings looking to the deposit in the possession of the clerk of court of the sum of four hundred and fifty dollars; but that proceeding was not initiated until some days after the date- of the judgment, and the appeal…