Sellers v. National Fire Insurance Co. of Hartford

CAVE, J.-

— This cause is now before us on a motion filed by respondent to set aside" an order made in vacation permitting appellant to dismiss its appeal and to affirm the judgment. The facts giving rise to the situation now presented are as follows:

On the 25th day of Februáry, 1941, respondent obtained a judgment against the appellant in the Circuit Court of Atchison County, Missouri, in the sum of $318.38; appellant filed a motion for new trial which was overruled, .and on March 26, 1941, appellant was granted an appeal by tbe circuit court to tbis court. The appeal was therefore granted…