Stratton v. GraHam

Foote, C.

The record before us discloses this state of facts: That a notice of appeal from the judgment and an order denying plaintiff a new trial was filed and served on the twenty-fifth day of July, 1883. That no undertaking on appeal was filed, nor was the same ever waived by the adverse party in writing; but that according to the certificate of the clerk of the trial court, a sum of money in lieu thereof was deposited with him for the appellant, on the thirty-first day of August, 1883, — more than five days after the notice of appeal was served and filed. Therefore, on the authority of…