Hill

In this cause, judgment was entered in the Court below against the defendant on the 12th day of August, 1879; and he having made a motion for a new trial, an order was entered on the 5th of December denying the motion. On the 23rd of December, the defendant served and filed a notice of appeal to this Court from the judgment and order, and on the same day filed an undertaking on appeal. On the 29th of December, the plaintiff filed a notice of exception to the sufficiency of the sureties on the undertaking, a ’d the sureties failed to justify. On the 3rd day of February, 1880, the defendant, erroneously supposing that the appeal already taken had become ineffectual by reason of the failure of the sureties to justify, served and filed another notice of appeal from the judgment and order, and another undertaking.

Rule 2 of this Court prescribes that appellant must “within forty days after the appeal is perfected, and the bill of exceptions and the statement (if there be any) are settled, serve and file the printed transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the clerk of the court from which the appeal is taken.”

*313 Rule…