Day v. City of Clinton

No copy of the record of the judgment appealed' from having been filed in this cause as required by the statute, appellee now files a short record showing that an appeal in the cause is pending in this court, and moves the court to dismiss the appeal with damages.

This motion is resisted by appellee upon the ground that, records not authenticated as required by law, were filed on or before the second day of the term, and afterwards stricken from the files by the court, and appellee now asks the court not to dismiss the appeal, but to permit the dase to stand for hearing as on writ of error.…