Wytoski v. Kiolbassa

This is an appeal from a judgment of the district court dismissing an appeal of plaintiff from' a judgment of the county court which dismissed his action.

The judgment in the county court was rendered on February 2, 1910. An appeal bond was duly filed, and a transcript prepared and filed in the district court' on March 3, 1910. No further proceedings were taken until December 5, 1911. A motion was then filed by defendant to dismiss the appeal on account of the failure of plaintiff to file his petition within 20 days from the filing of the transcript, and a showing that no petition had ever…