DENNY, Justice.
The appellee filed no brief in this Court but lodged a motion to dismiss the appeal on the ground that the appellants failed to make up and serve the case on appeal on the appellee or his counsel.
If an error relied on by an appellant is presented by the record proper, as it is on the present record, no case on appeal is required. The record constitutes the case to be filed in this Court and the appellant is not required to serve it on the...
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