Stainback v. . Harris

Clark, J.:

It appears that the jadgmeut was filed below August 24,1896, and the appellant filed his appeal bond August 31st. The appellant avers that he directed the clerk to send up cite transcript forthwith, but does not specify at what time. The clerk of the court below certifies that the appellant’s counsel did not send the fees for making up the transcript to him until October 1st, and then for the first time directed the transcript to be made out, and that on October 6th. The said counsel directed him to send the transcript up on October 10th by express, which he did. To these statements…