Henry Billings Brown,
Bryar v. Campbell — Opinion of the Court
“ After a lapse of sixteen years it is now too late to ask this court to hold that the appeal should have been dismissed for a reason which does not seem to have been called to the attention of the circuit court, when the original motion was made to declare the appeal deserted. If the plaintiffs in that case had intended to insist upon their rights under the decree, they should either have moved to dismiss the appeal within a reasonable time, or pressed it to a hearing in the circuit court, instead of abandoning it and bringing a new suit upon the same cause of action in the state court. ”
