C. S. Hamilton Motor Co. v. Muckleroy

Appellee moves to strike from the record the statement of facts and transcript, on the ground that appellant failed to file the transcript here until after the expiration of 60 days from the order overruling its motion for a new trial, and made no showing before said expiration of good cause for the dereliction.

In answer to the motion appellant contends that it does not appear and cannot be determined, without indulging an adverse presumption, that the transcript was not filed in this court within 60 days from the entry upon the minutes of the order overruling its motion for a new trial; and,…