Paine v. Linhill

Terry, C. J., and Baldwin, J., concurring.

The appeal in this case was dismissed at the present term, for failure of the appellant to file a transcript of the record. The *371appellant now moves to vacate the order of dismissal upon the certificate of the clerk of the Court below that the statement prepared was submitted some months since to the District Judge for settlement, and has not as yet been settled.

In answer to the motion, the respondent shows that the order appealed from was made upon affidavits of the respective parties, and insists that no statement is required.

The Practice Act, after…