Burleson v. First National Bank in Tuscumbia

LAWSON, Justice.

Submission was on Motion and Merits.

Motion

Appellee has moved that the appeal be dismissed on the ground that the transcript of the record was not timely filed in this court.

The appeal was taken on September 25, 1968, from a judgment rendered on June 10, 1968.

The appeal is on the record proper, there being no transcript of the evidence in the record. In Calvert v. Calvert, 265 Ala. 529, 92 So.2d 891, following Duke v. State, 264 Ala. 624, 89 So.2d 102, we said that where an appeal is on the record proper without a transcript of the evidence, Supreme Court Rule 37, Revised Rules…