Schuyler v. Hanna

The plaintiff brought an action in partition in the district court of Richardson county. A decree was entered therein on the 18th day of June, 1888, and the plaintiff appeals. A transcript of the proceedings, containing the pleadings and decree, was filed in this court December 17, 1888. The defendant Lorinda Hanna now moves to dismiss the appeal on two grounds:

First —Because the transcript does not contain the testimony taken on the trial.

Second — That no notice of appeal was issued herein until November 8, 1889.

It is contended that this court has no jurisdiction, because the transcript does…