Squires v. Mergenthaler Linotype Co.

OPINION

By the Court,

Taber, C. J.:

Respondent, plaintiff in the court below, has moved this court to dismiss defendant’s appeal; to strike from the files the transcript on appeal; to strike the purported bill of exceptions; and to affirm the judgment attempted to be appealed from. The motion is based chiefly upon two grounds: (1) That the transcript on appeal was not served or filed within the time prescribed by law; (2) that the purported bill of exceptions, together with the notice of appeal and undertaking on appeal, were not annexed to a copy of the judgment roll certified by the clerk or…