Hanley v. Stewart

On Motion to Dismiss.

Opinion by

Mr. Chief Justice Moore.

1. This is a motion to dismiss an appeal. The facts are that a decree in this suit was given September 11, 1908, and 11 days thereafter a notice and an undertaking on appeal were served and filed. No exception was taken to the sufficiency of the sureties on the undertaking, and the appeal was perfected September 27, 1908 (Section 549, B. & C. Comp.), but no abstract or transcript on appeal was filed within 30 days therefrom, as required. Section 553, B. & C. Comp. The trial court, on motion of the appellant, December 16, 1909, dismissed…