Benson v. Michael

The judgment complained of was rendered by the district court August 4, 1888. An effort was made to bring the case here on appeal. A transcript of the judgment was filed with the clerk of this court April 26, 1889, and a notice of appeal was issued and service accepted. On the 10th day of October, 1889, a motion was filed to dismiss the appeal, because the same was not taken «within six months from the rendition of the judgment, which was sustained. On leave being given a petition in error was filed December 4, 1889. A summons in error was on the same day issued and afterwards served.

The case…