Rumfelt

— This cause is before us upon a motion of respondent to dismiss the appeal because no transcript on appeal was filed and served within the proper time.

There seems to have been great delay from the start in perfecting the appeal and taking steps to prepare and print the transcript. Judgment was entered September 29, 1888; the bill of exceptions was settled and certified July 20, 1888; and the notice of appeal was not filed until September 25,1889. On November 4,1889, for the purpose of getting an order of this court extending the time for filing and serving the transcript, the attorney for appellant made an affidavit, in which he stated that “the transcript on appeal in said cause has not yet been printed, owing to unavoidable delay in getting a capable person to prepare the manuscript of the record of said cause; that said manuscript of -the record of said cause is now prepared and ready for printing; that it will be necessary for appellant to have further time in which to prepare and serve its transcript on appeal.” Upon the *651 presentation of said affidavit, four justices of the court, on said November 4th, made the following order: “ Upon application of counsel for…