Coots v. Payton

COIL, C.

[49] Plaintiff-appellant has appealed from a judgment which, in effect, dismissed his three count amended petition in which he sought $60,000 actual and -punitive damages from defendants-respondents for alleged libel.

Respondents have moved to dismiss the appeal on the ground that the transcript was filed out of time. The notice of appeal was filed February 13, 1954, and the transcript, May 28, 1954, fourteen days beyond the expiration of 90 days from the filing of the notice of appeal. Section 512.130. (All section references are to RSMo 1949,' V.A.M.S.) The transcript, as filed here,…