Schlehuber v. Pacific & Idaho Northern Railroad

BRINCK, District Judge.

Motion is made to dismiss this appeal for failure to file transcript of the record in this court within the time provided by rule 23 of this court. The appeal was perfected on February 1,1930. The reporter’s transcript was lodged and copies delivered to counsel for appellant on March 29, 1930, who within ten days thereafter (instead o.f the five days provided by the rule) served it upon counsel for respondent. The record discloses no further action ever taken by appellant’s counsel, and no extension was sought or procured in this court of the time within which to file a…