Tompkins

The defendant served and filed a notice of appeal from the judgment and from the order denying a new trial, December 3, 1896, and on December 5th filed an undertaking on appeal in the sum of three hundred dollars, and also an undertaking to stay execution upon the judgment. The plaintiffs excepted to the sufficiency of the sureties, and, on December 38th, upon notice that they would justify on that day before the county clerk, the sureties appeared, and, after examination, failed to justify, and were rejected by the clerk. December 21st the defendant served upon the plaintiffs and filed with the county clerk another notice of appeal from the judgment and from the order denying a new trial, and on the 23d of December filed a sufficient undertaking on appeal in due form of law. January 3.8th the respondents gave notice of a motion to dismiss the appeal from the judgment on the ground that no transcript of the record on appeal had been filed in this court. January 20th the. appellant filed wdth the clerk of this court a transcript containing the judgment-roll, *122 statement on motion for a new trial, order denying a new trial, and a copy of the notice of appeal which was filed…