Supreme Grand Lodge of the Ancient Mystical Order Rosae Crucis v. Smith

Motion to dismiss appeal.

In this action for damages and injunction, judgment was entered for the plaintiff on July 19, 1933. On September 18, 1933, the defendant, within the time permitted by law, filed a notice of appeal to this court. Thereafter and on December 7, 1933, the plaintiff-respondent moved to dismiss the appeal. The clerk’s certificate filed in support of the motion indicates *595 that at that time no proceedings had been instituted for the preparation of a transcript or of a bill of exceptions. The motion to dismiss undoubtedly aroused appellant to action, for on December 30, 1933, he filed a proposed bill of exceptions in the court below. Subsequently, and in response to a motion to that effect, the court below relieved appellant of his default in the preparation of the record to be used on appeal and on January 8,1934, ordered the bill of exceptions certified and settled. Delay in procuring certain exhibits to be included therein apparently retarded the completion and settlement of the bill of exceptions. However, on August 7, 1934, the same was settled and allowed.

The trial court’s order settling and allowing the bill of exceptions, notwithstanding the…