Messick v. Fairburn

The trial court rendered a judgment for the defendant on September 3, 1891, and the plaintiff, on the same day, took an appeal to this court. The time for filing a bill of exceptions was extended from time to time by stipulation between the parties *70until September 1, 1892. On August 15,1892, a bill of exceptions was filed in the case. No transcript was filed in this court prior to December 6, 1892, at which date the respondent filed this motion to affirm the judgment of the trial court. The appellant thereupon produced the transcript and asked leave to file it. Affidavits in support and…