Maxwell v. Griffith

The opinion of the court was delivered by

Scott, C. J.

The plaintiff recovered judgment in an action upon an attachment bond, from which the defendants have appealed. A motion is made to strike the appellants’ brief, because at the time the same was prepared, and also when the respondent’s brief was prepared, the appellants had not caused the clerk of the superior court to prepare or certify a transcript of the record on appeal. We think this motion should be denied, for the reason that, if the time had elapsed within which to prepare the record, the respondent should have moved against it for…