N. P. Terminal Co. v. Lowenberg

By the Court,

Watson, C. J.:

This is a motion to dismiss the appeal upon the grounds:

1. The notice of appeal was not served and filed in the lower court within the time allowed by the statute providing the mode of taking appeals to this court.

2. The undertaking for the appeal was not given within the period prescribed by such statute.

3. There is no assignment of errors in the notice of appeal.

The transcript shows that the judgment attempted to be brought here for review, was entered August 15, 1883, and that the notice of appeal was served on February 14, 1884, but not filed in the lower court…