Striplin v. Kitts

HARWOOD, Presiding Judge.

This cause was submitted upon a motion to dismiss, and upon the merits.

The motion to dismiss the appeal is made upon the grounds that: (1) The record was not filed in this court within sixty days of the establishment of the transcript of the evidence in the court below, and, (2), neither appellee nor counsel was served with a copy of the assignment of errors, as provided by Supreme Court Rule 1, Code 1940, Tit. 7 Appendix.

The record shows that the transcript of the evidence was filed with the clerk below on 21 December 1955.

No objections were filed to the transcript…