Smalley v. Paine

This is a certified question from the Court of Civil Appeals of the Third District. The statement and question are as follows:

“There is pending in this court a motion in the above styled cause, made by the appellants and joined in by appellees, in which the request is made that the appellants be permitted to file the transcript in this cause in the Court of Civil Appeals. As a predicate to the hereinafter propounded questions we find the following facts:

“That the transcript or record prepared in this cause was not presented to the clerk of this court for the purpose of being filed within the…