Terry v. State Ex Rel. Pettus

This is a suit in equity for the condemnation of an automobile under authority of section 247, Title 29, Code.

The trial court overruled a demurrer to the bill of complaint, and defendant has appealed.

Appellee has made a motion in this Court to dismiss the appeal. The motion to dismiss is based on two theories:(1) That appellant’s brief was filed on November 11, 1955: the transcript of the record was filed in this Court on September 28, 1955. Therefore, the brief was filed more than thirty days after the transcript was filed. — Supreme Court Rule 12.(2) That the transcript was filed in this…