Asher v. Cornett

Opinion of the Court by

Chief Justice O’Rear

Overruling motion to dismiss appeal.

The question for decision now in this case is whether appellee’s motion to dismiss the appeal granted by the lower court, and to discharge the supersedeas issued by the clerk of the circuit court, should prevail. Appellee sued appellant in assumpsit in the Leslie circuit court. A default judgment was rendered against appellant at the February, 1907, term of that court. No appeal was asked for, and none was granted by the court at that term. Appellant executed a supersedeas bond before the clerk of the Leslie…