Miller v. Pine Mining Co.

The respondent moves, under rule 2 of the rules of this court, to dismiss this appeal, on the ground, that the transcript of record was not filed and served within the time prescribed by paragraph 7 of rule 4 of the rules of •this court. The appellant appears, and resists said motion, and presents an affidavit in support of his position, setting forth the facts in regard to the settlement of the bill of exceptions and the filing and service of the transcript of record.

Rule 2, under which this motion is made, declares, among other things, that, if the transcript of record is not filed within…