Bartels v. Hoey

This cause was docketed by the appellee, who moves to dismiss it for want of prosecution. Want of jurisdiction is apparent on the face of the record. § 5, R. S. 537, cited by counsel, is not applicable.

An appeal did not lie to this court in this case. A dismissal for want of prosecution would be inapt, as such an order implies prosecution of the suit by the appellant legally possible. The suit must be dismissed for want of jurisdiction, apparent on the face of the record.

Upon the power of the court in such a case to award the defendant costs, there is some conflict in the decisions, but the…