Thomas v. Thomas

From a judgment rendered in favor of the defendants in the court below the plaintiff prosecuted an appeal to this court. At the January term, 1890, the cause was submitted upon two motions, one to quash the bill of exceptions, and the other to dismiss the appeal. Both motions were sustained; the former, because the bill of exceptions was not prepared, served, nor allowed within the time required by law, and the latter, on the ground that the appeal was not taken within six months from the rendition of the *374judgment appealed from. Although the appeal was dismissed, the transcript was retained,…