Nestucca Wagon Road Co. v. Landingham

The record discloses that on the tenth of September, 1892, plaintiff served a notice of appeal on the defendant, and on the sixteenth of the same month perfected the appeal by filing an undertaking as provided by law, but neglected to file the transcript in this court until after the second day of the October term, or to obtain an order enlarging the time, for which reason the appeal was, on the twenty-fifth of January, 1893, dismissed. While the first appeal was pending and undisposed of, the plaintiff prepared and served a new notice of appeal, and filed a new undertaking, and, after the…