TOURKOW, ADMR. v. Hoover

ON MOTION TO DISMISS

Achor, C. J.

Appellee, on August 8, 1952, filed his motion to dismiss this appeal for the reason that the assignment of errors and transcript of record were not filed within 90 days after the overruling of appellant’s motion for a new trial by the trial court. No reply was filed to said motion by appellant, but thereafter, on September 18, 1952, appellant’s petition for an extension of time in which to file transcript and bill of exceptions was received by the Clerk of this .court.

The record discloses that the motion for a new trial was overruled in the cause on February 2,…