Kelley v. Pike

The Court.

The appeal herein was taken prior to the commencement of the present term of this court, but the transcript was not filed by the second day thereof, as required by the code. The neglect was in consequence of the sickness and death of the appellant’s attorney, who took the appeal. The appellant’s counsel now move for an order allowing the transcript to be filed nunc fro tunc. The grounds upon which the motion is made are sufficient to excuse the neglect, and the court would very readily grant the motion if empowered to do so.

The appellant’s counsel suggest that section 102 of the…