Meeker v. Hoffer

McKee, J.:

Two motions are made by the respondent to dismiss the appeal in this case. The first is made upon the ground that the transcript has not been filed within the time required by Rule 2 of this Court; and the second, upon the ground that the clerk’s certificate to the transcript filed herein does not comply with § 953 of the Code of Civil Procedure, in that it does not state that any undertaking on appeal has been properly filed.

The appeal was perfected on the 10th day of February, 1880. Ho transcript was filed within forty days thereafter, as required by the rule; but on the 18th of…