American Legion of Honor v. Rowell

GAINES, Associate Justice.

—There was a motion submitted with this case to strike out certain assignments of error upon the ground that they were filed in the court below after the transcript was filed in this court. The transcript was filed here September 25, 1890, and the assignments in question in the office of the clerk of the court below on October 1, 1890. A certified copy of the assignments was filed here on the 4th day of the month last named. The statute requires that the appellant or plaintiff in error shall file with the clerk of the court below an assignment of errors “ before he…