Farmers State Savings Bank v. Miles

The appellees in conformity to the provisions of Section 12848, Code of 1927, on April 17, 1928, filed a motion for alternative relief, either to dismiss the appeal or affirm the judgment entered by the trial court in this cause. The prayer for relief is in proper form. Pilkington v. Potwin, 163 Iowa 86. The certificate filed by the appellees in support of their motion is in conformity to the statute. The primary ground of the motion is that the appellants did not file an ab-. straet of record in this cause within 120 days, as provided by statute, after the appeal was taken and perfected, and…