Klarquist v. Security Trust & Savings Bank

This matter involves, first, a motion by respondent to dismiss an appeal, and, secondly, a motion by appellant that it be relieved from its default in failing to file its transcript on appeal "within the time permitted under the rules of this court. A lapse of sixty-six days occurred between the settling and filing of the bill of exceptions in the superior court and .the date of the notice to dismiss the appeal, and the transcript on appeal was not offered for filing until two weeks later.

An affidavit by counsel for appellant in opposition to the motion to dismiss the appeal, as well as in…