Cody v. Filley

September 18th, 1878, the court, by an order, fixed forty days within which the appellant might file his statement on appeal, and undertaking. Within the *437time limited by the Code, or within such further time as the court or judge may grant, the appellant, if he wishes to avail himself of the provisions of section 340 of the Code, is required to prepare a statement, and file the same, and give notice to the opposite party or his attorney of such filing. These several acts, connected by the copulative conjunction, must, in contemplation of the statute, all be performed before the time…