Beckman v. Phœnix Insurance

The plaintiff moves to affirm the judgment of the trial court because the defendant has not perfected its appeal in the manner and within the time prescribed by law. It appears from the clerk’s certificate that judgment was rendered in favor of the plaintiff on January 25, 1890, and that an appeal was granted to the defendant September 17, 1890. No transcript has been filed in this court.

*344The defendant resists the motion and files affidavits by which it appears that after judgment, and in due time it filed a motion for new trial which the court overruled; that twelve days thereafter and at the…