Paramore

This case now comes before the court upon a motion of respondents for dismissal of the appeal, and a motion of appellant for an order permitting him to file his opening brief on appeal.-

The defendant appealed to the supreme court from the judgment entered against him. The action was brought to recover from the defendant a certain sum less than two thousand dollars claimed as the balance due on a contract for the sale of land between the plaintiffs ’ testator as vendor and the defendant as vendee. If, as claimed by the defendant, the action is a suit in equity, his appeal was properly taken to the supreme court. If, as claimed by the plaintiffs, it is merely an action at law for money due on a contract, the appeal should have been taken to the second district court of appeal.

The transcript -on appeal was filed in the supreme court February 19, 1918. Under rule II of the supreme court ap•pellant’s brief was due on the twenty-first day of March. On March 19th the supreme court made an order extending appellant’s time for filing said brief to and including April 20th. On the eighth day of April the supreme court made its order transferring the cause to this court. Appellant’s…