Rosetta Gravel Paving & Improvement Co. v. Adler

The opinion of the court, on motion to dismiss, was delivered by Nicholls, O. J.

On rehearing, by Blanchard, J.

On Motion to Dismiss Appeal.

Nicholls, C. J.

The plaintiff and appellee herein has moved to dismiss the' appeal for the following reasons:

1st. This court has no jurisdiction rations mater iae as appears by the face of the record, the amount being insufficient to give this court jurisdiction.

*6902nd. Even should this court have jurisdiction, the transcript of appeal was not filed on a return day, nor within three days thereof.

Appellant, in his brief, urges that the first ground assigned for a…