Horger v. Sims

The opinion of the Court was delivered by

Mr. Justice Marion.

In an action for the foreclosure of á real estate mortgage, in which the defendant set up a counterclaim for rent, an order of reference was made, from which defendant’s at torneys served a notice of intention to appeal to this Court. Thereafter, the cause being on calendar 2, the plaintiff’s attorneys, without notice to- defendant’s attorneys, moved in open Court to dismiss the appeal above referred to on the grounds (1) that the notice of intention to appeal had not been served in time; and (2) that no case and exceptions had been…