O'Hern v. Browning

Stewart, J., delivered the opinion of the Court. Under the Act of 1864, chapter 322, a party may lose his right of appeal if, by his neglect, the record shall not be transmitted to the Court of Appeals within nine months after the appeal has been entered, and the Court, from which the appeal was taken, may strike out the entry of the appeal in such case. This loss of right to appeal, besides for other neglect, may be incurred by failure to 'pay the clerk for the preparation of the record, which the clerk is required to make out and transmit to the Court of Appeals within nine months after the appeal is entered. It is the duty of the clerk to prepare the record, for transmission to this Court, within the nine months from the entry of the appeal, and where this is done, and his legal charge for the same has been made out and not paid, and the record is not transmitted within time, on that account the right of appeal is lost by such omission of the appellant. ⁴⁷⁵ (Decided 13th January, 1871.) When the clerk’s bill for the preparation of the record is not paid, or the record not transmitted within the nine months, from any other neglect or omission on the part of the appellant, the Court below has the power to strike out the entry of the appeal, and no other appeal can be taken on the same matter.

Before this law deprives the party of his right of appeal, on account of the non-payment of the clerk’s bill for making out the record, which was the ground relied upon