Owens v. . Phelps

Merrimon,

We are of opinion that the petitioner is entitled to have the case settled upon appeal, for this court, in the action in his petition mentioned, and the writ of certiorari, to bring up the whole case as if the same had come up regularly by appeal.

At the term of. the court at which judgment was rendered against the petitioner, he took an appeal and gave an undertaking in that respect as required by law. The petitioner’s ’ counsel at that term requested the defendant’s counsel to extend the time within which to prepare the statement of the case upon appeal. This request was granted,…