Smythe v. Boswell

Elliott, C. J. —

The judgment from which this appeal is prosecuted was rendered on the 5th day of September, 1887. On the 11th day of October, 1888, the transcript was filed in the office of the clerk of this court. The transcript contains an assignment of errors and a joinder in error, but there was neither a transcript nor an assignment of errors filed in this court until the 11th day of October, 1888, more than thirteen months after the final judgment was entered. The appellees move to dismiss the appeal.

Affidavits and counter-affidavits were filed by both parties, but we think that the…