State Ex Rel. Bennett v. Dowdall

Relator and respondent filed a motion to dismiss this appeal on the ground no exceptions to the findings had been filed in the district court. The motion was set for hearing and following the hearing an order was issued reserving decision on the motion until final submission of the cause on its merits.

Thereafter relator and respondent moved this Court to rescind its order staying the execution of the peremptory writ of mandamus issued on July 29, 1970, for the reason that it was issued contrary to the provisions of Rule 7 (c), M.R.App.Civ. P.

As to this contention, it is true that Rule 7 (c)…