314 CASES IN THE SUPREME COURT . [27 Ark. Cheek v. Berry, Adm'r, etc. [DECEMBER CHEEK v. BERRY, as Adm'r, etc. APPEALS — When taken before adoption of Code.—Where an appeal was taken before adontion 'of the Code of Practice, the provisions of the Code, in relation to bringing appeals into this court, do not apply; the law in force at the time of granting'the appeal will govern. APPEAL FROM:CRITTENDEN CIRCUIT COURT, HON. J.' M. HANKS, Circuit Judge. 0. P. Lyles, for ApPellant U. M. Rose, for Appellee. HARRISON, J.—The • appeal in this case was taken at the May 'term, .1868, Of 'the :''Circuit • COurt 'of Crittenden county, and a recognizance - entered into for a stay of exedution ; but no transcript of the . record and proceedings in • the court' below was filed in this' Court until the 24th day of Janunry, 1871, and the appellee- •has filed a motion to dismiss' the appeal becanse the• transcript was not filed within the • time prescribed by lavir ' • The appeal haVing been • taken ' before 'the adoption -the Code of Civil Practice, its- 'provisions in relation to the manner . of , bringing appeals' 'into 'this' Out 'lave -I: no 'application 'to the case ; it must be governed by the law then in force. Sedg-wick Statute , Law, 188 * , 202; Couch vs. McKee, 6 Ark., 484. The law in force, at the time the appeal was taken, required all appeals taken thirty days before the first day of the next term of this court, to be returnable to such term . ; and those . taken less than thirty days to the second term thereafter, and that the transcript of the record and proceedings should be filed, at least, ten days before the commencement of the tent. Section 23, 24, Chapter 134, Gould's Digest. This court then did not acquire jurisdiction of the appeal, by the filing of the transcript, after the time prescribed, and the only order we can make in the case 'is to direct it to be stricken from the docket. Clay, adm'r. vs. Notrebe, exr's., 11 Ark., 631.
27 Ark.] OE THE STATE OF ARKANSAS 315 187.1.1. • If the appellee wishes to have the benefit of his decree, now suspended by the recognizance, he must produce to us, in pursuance of the statute, a certificate from the clerk of the court below, of the taking of the appeal and giving of the recognizance, and moved that it be affirmed. • The motion is overruled. •
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.