Lang

This is the second motion to dismiss the appeal in this ease upon the grounds that the printed transcript of the record was not filed within forty days after the appeal had been taken, nor was a copy of it, or of the written transcript, served upon the respondent; nor is there upon the transcript, as filed, any written evidence of its service, or of a waiver of such service, as required by rule 2 of this court.

The appeal was taken on the 13th of September, 1880. The printed transcript is indorsed, filed December 24, 1880, more than sixty days after the taking of the appeal; and there is nothing in the record showing that the time for filing the printed transcript had been extended. That being the case, the respondent was entitled to move for a dismissal of the appeal. But he has heretofore exercised that right, for on the 6th of December, 1880, he made a motion to dismiss the *112 appeal on those grounds, and on the additional ground that the appeal bond was insufficient, because “it consisted of an undertaking in the sum of three hundred dollars, coupled with an undertaking to stay execution in the sum of two thousand dix hundred and sixty-eight dollars, embraced in one…