Somers v. Somers

This is a motion to dismiss an appeal from the judgment in the action above entitled, upon the ground that no transcript has been filed here, notwithstanding more than forty days have elapsed since the appeal was perfected. But it will be seen by reference to rule 2 of this court that the time within which a transcript must be filed does not in all cases commence to run from the date of perfecting the appeal. If there be a bill of exceptions or statement which may be used in support of the appeal, the forty days allowed by the rule for filing the transcript does not commence to run until such…