Hendricks v. Johnson

TILFORD, Justice. At the outset it is necessary to note the fact that in the statement of appeal which we have followed in captioning this opinion, the actual appellees are designated as appellants, and the actual appellants, as appellees. While this error would justify us in dismissing the appeal, we have concluded, since counsel have not raised the point, to ignore the error, although, in the interest of clarity, it is necessary in expressing our views to refer to the named appellees as appellants and to the named appellants as appellees. With this explanation, we shall outline the facts as we have been able to gather them from the incomplete and confused record on which the parties have elected to prosecute this appeal.