Alexander v. Fowler

Opinion by

Judge Holt :

In this case an appeal was granted in the lower court on June 30, 1882, and a schedule enumerating the portions of the record to be copied, and an assignment of errors were then filed. The record however was not filed in this court until January 2, 1883, and the appellant probably fearing a dismissal of his appeal, by reason of this delay, sued out an appeal from the clerk of this court on June 13, 1883; and a motion is now made to dismiss it, because after the granting of his second appeal the appellant did not file with the clerk of the inferior court his schedule or…