Shaefer v. Nelson

The petition of appellant asks to have the appeal in this case reinstated. The appeal was taken after the close of the term of court at which judgment was rendered. The transcript was filed December 10, 1895. March 18, 1896, appellant filed aifi*490davits of nonresidence of appellee, and motion for notice of appeal by publication. The publication was ordered, and proof of publication thereafter filed. February 12, 1897, appellee moved to dismiss the apappeal for the following reasons:

First. That the Appellate Court was without jurisdiction of appellee.

Second. That appeal wras taken without filing…