Cunningham v. Roush

— Respondents move to .affirm the judgment on the ground that neither a transcript of the record nor certified copy of the record entry of judgment was filed fifteen days before the first day of the term of court to which the appeal was returnable.

The record shows that the judgment was rendered on the twenty-sixth day of June, 1896. An appeal was taken on the same day and defendant was allowed ninety days in which to file a bill of exceptions. Afterward, on the twenty-third day of September, 1896, in vacation, the judge of the court extended the time for filing the bill of exceptions to the…