Caudle v. Turner

'Counsel for appellant invokes a rule against the clerk of the court because he refused to file a purported transcript in the above entitled case. The clerk refused because the transcript was not tendered to him within sis months next after the rendition of the judgment in the circuit court, as required by § 2140 of Crawford & Moses’Digest.

Counsel for appellant claims the delay was occasioned by the circuit court in failing sooner to overrule his motion for a new trial. The time for appeal runs from the rendition of the judgment, and not from the overruling of the motion for a new trial.…