Dwight v. McMillen

The judgment of the court (King, J. absent,.)) was pronounced "by

Sljtoell, J.

This appeal was returnable on the 1st mpnday of November, 184.7, and the transcript was not filed until, the 6th of. the ensuing December. The appellee has moved, upon this groupd, the dismissal, of the case ; to which motion the appellant replies that, it was npt made.- within, three days after the transcript was filed, and, under the ruling ip, O’Reilly v. McLeod, 2 An. 138, cannot be entertained.

Under the provisions of the Code of Practice we have frequently held that, a party who neglects to file the transcript…