Wetzel v. Schaefer

MIZE, District Judge.

Appellee has filed a motion to dismiss the appeal herein and assigns four grounds for his contention, the first three of which are to the effect that appellant has failed to file a complete transcript of the record within the time allowed by statute and has failed to comply with Rule 23 of this court and Rule 13 of the United States Supreme Court, 28 U.S.C.A. following section 354. The fourth ground challenges the right of appellant to prosecute the appeal in forma pauperis. If this motion were sustained on this fourth ground, we would permit the appellant to file a bond,…