Sebree v. Smith

The respondent filed his motion to dismiss the appeal on two grounds, tó wit: 1. Because the transcript was not filed in time; and 2. From the order overruling the motion for a new trial, because there was no undertaking filed on said appeal. The transcript was filed in this court on the sixth day of January, 1888. The first day of this term was the ninth day of January. Buie 2 provides that, in an appeal perfected thirty days before the commencement of the next regular term or adjourned term of this court, the transcript shall be filed at least three days before the first day of said term.…