Equitable Life Assurance Society v. Frank

This matter is before us on the Appellee’s Motion to Dismiss or Affirm and Request For Damages. Said Motion alleges as cause therefor, inter alia, as follows:

“1. This cause was submitted to the trial court as an ‘agreed case’ wherein a motion for a new trial was not proper and the time for appeal ran from the date of judgment. Appellant failed to file the Transcript and Assignment of Errors. in compliance with Supreme Court Rule 2-2 since:(a) the judgment of the trial court was entered on June 13, 1969, and(b) appellant filed the Transcript and Assignment of Errors with the Clerk of this…