Caldwell v. Hawkins

The plaintiff obtained judgment in the Circuit Court, and the' defendant appealed. He failed to file his transcript at the next term of the District ■ Court, and did not file it until less than fifteen days from the commencement of the second term. But during said term the respondent presented a transcript and obtained a judgment of affirmance of the one obtained by him in the Circuit Court, The defendant appeared, and resisted the motion to affirm upon the ground that he had used due diligence to obtain and file his transcript, but only showed that he and his attorney had spoken to the…