Harte v. Castetter
Nebraska Supreme Court
Motion to dismiss appeal from a decree of the district court of Washington county, and motion to strike the motion to dismiss from the files. Heard below before Scott, J. Appeal dismissed.
1Opinion of the CourtNoryal, J.
On September 30,1893, appellees filed in this court a motion to dismiss the appeal, on the ground that after the rendition of the decree sought to be reviewed the appellant *572Charles A. Harvey received and accepted the benefits of said decree. Subsequently appellant filed a motion to strike from the files the motion to dismiss the appeal, alleging that said motion was not filed in this court until Saturday, the 30th day of September, 1893, and that notice of said motion was not served in time, either upon the appellant or his attorneys.
The cause was submitted upon the motions. We will ■ first…
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