Gilmore

Motion to dismiss appeal on the ground ■that the transcript was not filed within forty days after the appeal was perfected. The facts are as follows:

Judgment was entered in the court below in favor of respondent March 17, 1882. Defendant moved to vacate the judgment and for a new trial on the minutes of the court and affidavits. Its notice of intention was filed March 27, 1882. The motion for a new trial was denied January 11, 1883. On March 12, 1883, three separate and distinct notices of appeal were served on respondent and filed, to wit: a notice of an appeal from the judgment, a notice of an appeal from the order denying the motion for a new trial, and a notice of an appeal from the order denying the motion to vacate the judgment. Undertakings were filed in due form March 15, 1883, and the appeals were thereupon perfected.

Rule 2 of the supreme court provides that a transcript shall be filed within forty days after the appeal is perfected, and the bill of exceptions and the statement (if there be any) are settled; and rule 4 provides that on motion to dismiss an appeal for failure to file transcript within prescribed time, there shall be presented the certificate of the…