Peterson v. Haynes

Upon the calling of this cause the appellees moved the court to dismiss it upon the following grounds: (1) That the certificate of the clerk appended to the record bears date June 28, 1923; (2) that the record shows that the petition for an appeal was presented to one of the judges of this court on February 6,1925, nearly eighteen months after the record was signed by the clerk.

There is no merit in the motion. While it is true that the certificate of the clerk bears date as contended, this fact is explained in an affidavit filed by the clerk which sets forth the proceedings had. This…