Omaha Coal, Coke & Lime Co. v. Fay

Irvine, C.

The defendants in error sued the plaintiff in error in the county court of Douglas county, asking judgment on account of au alleged breach of warranty in the sale of lime by plaintiff in error to defendants in error. Judgment was rendered December 30, 1889, in favor of defendants in error. An appeal bond was filed and' approved within the time limited by law, but no transcript was filed by plaintiff in error until February 3, 1890. Upon the filing of that transcript the defendants in error moved for judgment in the district court. The motion does not appear in the transcript, but…