Melton v. Foreman

BLOODWORTH, Justice.

This cause was submitted on appellant’s motion for an extension of time within which to file the transcript, motion of appellee, Cummins Diesel Sales Corporation, to dismiss the appeal, and appellant’s motion to strike appellee’s motion to dismiss.

Appellant (plaintiff below) took a non-suit May 24, 1968 from an adverse ruling of the circuit court of Mobile County, sustaining the appellee’s demurrers to the appellant’s complaint. June 22, 1968, appellant gave notice of appeal to this court from the ruling of the trial court. The transcript was due in this court within sixty…