Moe v. Pratt, Sheriff

The first paragraph of plaintiff’s brief is as follows:

“This cause is before this court on a second notice of appeal filed after a first notice was abandoned by failure to file a transcript within the time required by law. This court has held repeatedly that the filing of a transcript within the time fixed, or some legal extension thereof is jurisdictional, and that the failure to effect an appeal in such manner exhausts the right to appeal. Plaintiff’s motion to dismiss nevertheless was denied without opinion. In the hope the court will clarify the rule invoked plaintiff herewith…