Columber v. City of Kenton

This case raises the question whether a litigant loses the right to have his case reviewed on error in the Court of Appeals for nonfeasance of the clerk of the court in failing to obey within the statutory period a precipe duly signed directing him to prepare a transcript of the final record of the docket and journal entries; it appearing that the petition in error, waiver of summons, bill of exceptions, and original papers were all regularly filed within time, and that the transcript was filed before the case came on for hearing.

The General Code, Section 1'2263, provides as follows:

“With his…