Austin v. Firestone Auto Supply & Service Stores

The abstract was filed in this case on February 28, 1942. At that time no transcript of the testimony- had been filed in the office of the clerk of the district court, as required by section 12850.1, 1939 Code, nor had it been filed as late as May 7, 1942.

On May 9th, appellee filed a motion to dismiss on the ground of noncompliance with the statute. Appellant does not deny its failure to file a transcript, but seems to attempt to avoid the force of the motion on two principal grounds : (1) That the motion was filed too late; and (2) that the conduct of appellee’s counsel led appellant’s…