Newbury v. Getchell & Martin Lumber & Manufacturing Co.

*1421 *141Tbe final judgment from which the appeal in this case was taken was rendered against the defendant on tbe sixth day of November, 1897. On tbe ninth day of tbe same month tbe defendant served notice of appeal, and secured tbe clerk of tbe district court bis fees for a transcript. *142On the twelfth day of April, 1898, the appellee served upon the • appellant a motion to affirm the judgment of the district court on the ground that the appellant had not filed in the office of the clerk of this court, thirty days before the second term after the appeal was taken, an abstract of the record. The…