Nickell v. Citizens Bank of Kuttawa

Opinion of the court by

CHIEF JUSTICE PAYNTER.

Section 738, Civil Code of Practice, requires that the appellant shall file the transcript in the office of the clerk of this court at least twenty days before the first day of its second term next after the granting of the appeal, unless the court extend the time. This section applies both to ap*642peals granted by the clerk of this court and those granted bp inferior courts. Wearen v. Smith, 80 Ky., 218. In passing upon this question in Bixler’s Adm’x v. Parker, 3 Bush, 166, the court said': “A failure to make the motion to dismiss the appeal because…