Cantrall v. Sterling Mining Co.

On Motion to Dismiss Appeal.

1. At the hearing a motion was presented, on behalf of plaintiffs, without argument, to dismiss the appeal, on the ground that the transcript had not been filed within 30 days after the appeal was perfected. This was predicated upon the assumption that the 30 days began to run five days after service of the undertaking on appeal. This would be true if nó exception to the surety on the undertaking had been filed within the five days. The appellant however, having suggested a diminution of the record, the clerk of the circuit court forwarded additional matter that…