Frankel v. Morse Timber Co.
Frankel v. Morse Timber Co.
Opinion of the Court
Motion is made to dismiss the appeal in this case on the grounds that the appeal was granted, not on motion made in open court, but by petition, and that the petition did not pray for citation of the ap
The motion to dismiss is overruled.
Reference
- Full Case Name
- FRANKEL v. MORSE TIMBER CO., Limited
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Appeal and Error &wkey;365(l) — Granting Appeal — Motion. Where an appeal was granted on written motion in open court, the fact that the order granting it called the motion a “petition” was immaterial. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1784, 1977-1987; Dec. Dig. &wkey;365(l).] 2. Appeal and Error &wkey;>397 — Citation— Necessity. Where an appeal was granted on motion in open court at the same term of court, citation of appellees was not necessary. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2101; Dec. Dig. &wkey;397J 3. Appeal and Error 385(2) — Appeal Bond — Signature. Under Code Prac. art. 575, relating to appeal bonds, the signature of the appellant is not indispensable to the form of an appeal bond. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2020, 2021, 2057; Dec. Dig. &wkey;385(2).]