State v. Caldwell

An appeal was allowed to the defendants in this cause, on September 26, 1885. No transcript of the record having been filed by them within the time required by law, the respondent produces in court a perfect transcript, duly certified, and asks for an affirmance of the judgment. The appellants resist this application and *646undertake to show, by affidavits, good cause for their failure to prosecute the appeal.

It appears that, on or about December 30, 1885, the defendants’ attorneys directed the clerk to make out a transcript and send it to the clerk of this court, for filing, without delay. The…