Peebler v. Olds

THE COURT.

The matters before us arise upon an appeal from a judgment granting a permanent injunction. On May 26, 1944, the clerk’s and reporter’s transcripts were filed in the reviewing court. On July 6, forty-one days later, respondents noticed a motion to be heard September 27, to strike the reporter’s transcript on the ground that it was not prepared and certified within the time or in the manner prescribed by law. Included in the same document and designated to be heard at the same time, was a motion to dismiss the appeal for failure of the appellants to file their opening brief.

The time…