Samuel v. Christensen-Garing, Inc.

Per Curiam :

This case is here on direct appeal. The record on appeal was filed in the district court on June 9th, 1934, and in this court on August 10th, 1934, the intervening time being sixty-two days. The docket fee to be paid to the clerk of this court was paid on the last mentioned date.

The respondent has filed herein a motion to dismiss the appeal on the ground that the foregoing record was not filed in this court within the time required by the statute and the rules of this court. The appellant has filed a resistance to the motion, alleging that “it was not the duty of this defendant…