People ex rel. Van Valer v. Jacobs

Swamp Lands—Cancellation of Patent—Attorney General.— When a suit is instituted in the name of the state, by the permission of the attorney general, upon the relation of the real party in interest, seeking the cancellation of the patent for state swamp lands, and the state has no direct interest in the event of suit, the attorney general is not authorized to move to dismiss, or to withdraw his consent to the use of the name of the people to the prejudice of the relator.1

Appeal — Transcript — Missing Papers — Dismissal.—Where respondent in his brief suggests imperfections in the transcript because of the absence of necessary papers and because the transcript is not properly certified, and appellant, at the hearing, files the requisite papers with the proper certificate, the motion to dismiss should be denied.