Dare v. Smith

The respondent has filed a motion for the affirmance of the judgment for failure to prosecute. The judgment in favor of the respondent was rendered on the twelfth day of June, 1894. During the same term, to wit, on July 13, an appeal was granted with leave to file bill of exceptions within sixty days thereafter. The bill of exceptions was filed on July 23. The appellant having failed to file in this court a transcript of the record, or in lieu thereof a certified copy of the record entry of the judgment, the respondent asks for an affirmance of the judgment.

The appellant resists .the motion,…