Ward

This is a motion to dismiss an appeal upon the ground of failure to file the printed transcript . *588 within the time provided by law. Rule XII of this court provides that a written transcript in civil cases may be filed with the clerk of this court if, when presented for filing, it be accompanied with sufficient funds to pay the expenses'of printing the same, and that the clerk, upon receipt thereof, shall cause the transcript to be printed, and to the printed copy shall annex his certificate, etc. Appellant, in line with the foregoing rule of the court, transmitted to the clerk the written transcript, with a request that it be filed, but failed to accompany it with the funds to pay for printing the same. In lieu thereof, he asked the clerk to allow him the privilege of having the transcript printed at his home printing office at his own expense, and the clerk granted such request. The printing of the transcript was proceeded with, and some forty-eight days thereafter the printed copy was served, and also filed as provided by the rule. The motion to dismiss the appeal was served upon appellant prior to the time when the printed transcript was actually filed in the office of the…