Turner v. Tapscott

An appeal was taken in this case in the court below, without supersedeas, on the 27th day of February, 1873; but no transcript was filed here .until the 27th day of February, 1874, when the appellant applied to and obtained from the clerk of this court another appeal, and thereupon filed the transcript.

The appellee has moved to dismiss the appeal thus taken before the clerk, and insists in support of his motion that the appellant having failed to file the transcript of the record within ninety days after his appeal in the court below was taken, he lost the right to file it afterwards, and…