Joseph Schnaider's Brewing Co. v. Levvie

The plaintiff, respondent, produces a certificate of the clerk of the circuit court, from which it appears that judgment was rendered in its favor in the court below on December 20, 1889, and that, on the thirtieth of the same month, an appeal was granted to the defendant to this court. The plaintiff alleges that no transcript was filed by appellant in this court as required by law, and moves for an affirmance of the judgment.

The defendant now produces a transcript and asks leave to file it, supporting his motion with affidavits purporting to show cause why the transcript was not filed in…