Tucker v. Carlson

1 Two motions are submitted with, the case. One seeks to strike the additional abstract of appellee because not filed within the time prescribed by the rules. Appellee claims the delay was caused by the fact that appellant took from the clerk’s office the transcript of evidence, and kept it, despite appellee’s frequent requests therefor. This is denied' by appellant. We shall not attempt to settle this controversy, but shall overrule the motion, because we do not strike an abstract on the ground *450that it is not filed in time under the rules unless there is some showing of prejudice, and no…