Fox v. Utter

*300The opinion of the court was delivered by

Stiles, J.

This cause was appealed while the act of 1890, prescribing the method of taking appeals to the supreme court, was in force. Therefore, no bond for costs was necessary. Respondent objects that no transcript has been filed in this court. The transcript of the record was filed in January, 1892; but inadvertently the clerk did not send up the statement of facts with it. It was sent immediately after the omission was discovered.

Motion to dismiss denied.

Appellant alleged in his complaint the sale and delivery to the respondent of an Italian marble…