McDonald v. Mulkey

Blume, Justice.

The case is pending here on a motion to strike and also on a motion to dismiss, both made by respondent. Appellant in turn filed a motion to send back the record to the lower court for correction, in case we should hold that necessary or proper as a consequence of our ruling on the motions of respondent. The reasons assigned in the latter motions will appear fully in the discussion that follows, and it is not necessary to set them out at length.

1. The judgment in the court below was rendered Nov. 18, 1921, and the costs taxed therein. Thereafter a *104motion was filed to retax the…