Simons v. Simons

McBride, J. —

The appellee moves to dismiss the appeal in this case on two grounds :

1st, That the appeal was not taken in time.

2d. That no brief was filed within sixty days from the date of submission.

The position of the appellee is that the appeal is governed by sections 2454 and 2455, R. S. 1881, and section 417, Elliott’s Supplement, and the appeal bond having been filed July 7th, 1890, while the transcript was not filed in this court until the 7th day of August, 1890, it was filed one day too late.

The appellant contends that the appeal is not governed by the sections of the statute in…