Walter v. Second National Bank

The motion to dismiss this appeal is based upon two grounds:

1. Because the record was not transmitted in time.

2. Because the appeal does not appear to have been taken by any one having an interest in the subject-matter of the controversy.

The order for the appeal was filed on the 20th of February, 1880, and the record was not transmitted until the 4th of October, 1880, more than six months thereafter. The delay is sufficiently accounted for, however, by the affidavit of the counsel for the appellant, taken and filed in this Court. The clerk refused to make out the record before being paid for…