Berstecher v. Caruso

The opinion of the court was delivered by

Parker, J.

The appeal in this case was dismissed for want of proper prosecution, and application is now made to reinstate it.

Some confusion was caused in the practice by the apparent inconsistency between the statute requiring, in eases where there was a stenographer in the District Court, that the transcript be certified as the state of the case and transmitted to the clerk of the Supreme Court within fifteen days after the *427judgment (Pamph.. L. 1905, p. 259; Comp. Stat., p. 1957, pl. 131) and (he statute of 1915, page 549, which enlarged the time of…