Mitchell v. . Haggard

Ct.a-r.ic, J.:

The counsel below in this case signed the following agreement: “It is agreed that plaintiff may have thirty daj's to ñle his case on appeal from the adjournment of Court, and the defendant thirty days thereafter, May 5, 1888 ” The Court adjourned on that day. The appellant served his case on appellee b-tween May the 12th and 15th. The appellee’s counsel files an affidavit that he served his counter-case on appellant’s counsel on -June the 25th, alleges that no application has ever been made to the Judge to settle the case on appeal, and thereupon asks to dismiss the appeal, or…