Rath v. Vaughan

On motion to dismiss appeal in an unlawful detainer action, on the ground that the transcript has not been 'filed within the time allowed by law. Notice of this motion was served and filed on September 10, 1919. Rule II prescribes, as the general rule, that the printed transcript shall be filed within forty days after the appeal was perfected. But “if a proceeding for settlement of a bill of exceptions ■ which may be used in support of such appeal is pending or may still be instituted, the time aforesaid shall not begin to run until the settled and authenticated bill of exceptions has been…