Western Lumber & Pole Co. v. City of Golden

Cunningham, Judge.

Appellee has filed its motion to dismiss the appeal taken in this case, and in the same motion questions the authority of this court to re-enter the case as pending on error.

Appellant does not insist that its appeal can be maintained, and since it is from a judgment of dismissal, and does not relate to a franchise or freehold, it is clear that the appeal must be dismissed. But it is urged, on behalf of appellant, that, the case should be re-entered and reviewed as pending on error.

The judgment from which the appeal was taken was rendered May 9, 1908. The motion to dismiss…