Menashe v. Sutton

OPINION OF

KEMP, C. J. (Le Baron, J., concurring in part and dissenting in part.)

A vacancy in the office of associate justice of this court was created on July 11, 1949, when Associate Justice Cristy died.

The appellees in the above-entitled and numbered cause, having theretofore moved that the appeal be dismissed, filed two motions. In the first they moved that the court, acting by the chief justice and the associate justice thereof, enter an order disposing of the motion to dismiss appeal. In the second they moved that, in the event the foregoing motion be denied, the court enter an order…