Sheil v. Winters

This cause comes on to be heard upon the motion of the defendant in error to dismiss the appeal upon the ground, among others, that “this appeal is manifestly frivolous, without merit, and intended only to delay.” Immediately following this ground for dismissal by way of argument, counsel for the movant continues:

“The record in this court shows that the plaintiffs in error, defendants below, were either duly, served with summons or waived the issuance and service of summons; that the petition of the defendant in error, plaintiff below, set up as a cause of action a certain promissory note, *…