Marx v. Reinecke

A motion has been made in this case to dismiss the appeal on the ground that the record was not sent up in three months from the date of the appeal. The order for appeal was filed January 24th, 1922. The record reached this Court on August 17th, 1922.

The Code of Public General T^awa, article 5, section 6 (Rule 2 of this Court), provides that in appeals from courts of law “the transcript of the record shall be transmitted to the Court of Appeals, ivithin three months, from the time of the appeal taken.”

Section 40 of article 5 of the Code (Rule 18), provides that no appeal shall be dismissed…