Bree Bros. v. Firestine

Duffie, C.

This case Avas originally tried in justice court, tvhere judgment Avas entered against the defendant on the 27th *127day of June, 1907. On the 2d of July the defendant filed a bond for the purpose of appealing to the district court, which bond was duly approved. A transcript of the proceedings was ordered, but the justice failed to prepare the same, and such transcript was not filed in the district court until the 14th day of August, 1907. The district court, on motion of the plaintiff, dismissed the appeal for the reason that the transcript was not filed within 30 days from the…