Motion to dismiss appeal upon the ground that the transcript was not filed in time.

*195The motion was submitted October 23,1891, upon the certificate of the clerk of the court below, and affidavits made by attorneys of the respective parties.

Subsequently, another motion was made to dismiss the same appeal upon the same ground. The last motion was orally argued before the court, and denied.

This motion must therefore be denied, and it is so ordered.