West v. Smith

Ed. F. McFaddin, Justice.

This case was docketed under our Rule 5 (as contained in tbe Rules promulgated January, 1954), so that the appellant could file a motion for a rule on the Clerk of this Court, who had declined to accept the record because he considered it was tendered too late. Since the question here presented arises under Act No. 555 of 1953, we are delivering this opinion as a precedent for future cases.

The tendered record shows the following:(1) That the Circuit Court judgment was rendered July 15, 1954.(2) That appellant’s1 notice of appeal (under § 2 of said Act 555) was filed…