Miller v. Murray

An order of Court was passed on the 13th of December, 1888, overruling certain exceptions to an auditor's, report.

It appears both from the admission of the counsel for the appellant and the affidavits filed in the cause, that no appeal was entered in the cause until the 20th of February, 1889. This was more than two months after the date of the order, and was too late. A motion has for this reason been made to dismiss the appeal. A verbal order for the appeal was given to the clerk of the Court below on the sixth day of February. If this was effectual, the appeal is saved. By the ninth rule…