Van Sant v. Francisco

Irvine, C.

Francisco- recovered a judgment against tbe plaintiffs in error in tbe county court of Douglas county. Tbe judgment was rendered June 14,1895. An appeal undertaking was filed in due time, but-tbe transcript was not filed in tbe district court until July 18, four days after tbe statutory time bad elapsed. On the application of Francisco tbe appeal was dismissed, and this proceeding ..s brought before us for review.

The evidence on which the district court acted tends to *651show that plaintiffs ordered the preparation oí a transcript in due season and that it was prepared in ample time to…