Mitcham v. Mitcham

On Rehearing.

ODOM, Justice.

• Since our original opinion in this case was handed down on November 4, 1935, counsel for appellants have, with leave of this court, presented and filed certain documents which show beyond question that the failure to lodge the transcript in this'court within the time specified by the Court of Appeal was dufe to no fault or laches on the part of appellants or their counsel.

The facts are that on April 1, 1935, the Court of Appeal, Second Circuit, ordered the case transferred to this court and fixed the time within which the transcript should be filed here at thirty…