Wolf

This is a motion to dismiss the appeal.

The first ground on which the motion is based is, that the transcript on appeal does not contain a copy of the order appealed from.

The transcript contains the bill of exceptions in which is set forth the order appealed from. The bill of exceptions was settled and adopted by the judge of the court from which the appeal is taken, and filed in said cause by the clerk of the said court, and in the clerk’s certificate to the transcript he says: “I have compared the foregoing transcript with the original papers in the above-entitled action, now on file in my office, and with the orders therein made and entered on the minutes of said court, and that the said papers and orders therein contained are full, true, and correct copies of the following originals on file in this office, and of the whole thereof, to wit: complaint, demurrer to complaint, answer, demurrer to answer, notice of appeal, and bill of exceptions.” This shows that the transcript does contain a copy of the order appealed from, certified by the clerk as correct.

Another ground is, that the order appealed from is not an appealable order. The order in question struck out all that…