Genco v. Union Berry & Truck Ass'n

OTT, Judge.

On March 23, 1936, the appeal in this case was dismissed by this court on its own motion for want of an appeal bond in the record. 166 So. 888. On application for rehearing filed within the legal delay, the defendant and appellant has brought up the appeal bond which shows on its face that it was filed in the lower court on October 7, 1935, well within the time necessary to perfect the appeal. Through an oversight of the clerk, and through no fault of appellant, this appeal bond was omitted from the record when the appeal was filed in this court. Under this state of facts,…