In Re McGregor

OPINION

By the Court,

Ducker, C. J.:

There is before us the motion of Frank McGregor, respondent, to dismiss the appeal and affirm the judgment in the above - entitled matter. The principal ground of the motion is that no transcript of the record on appeal has been filed with the clerk of this court within thirty days after the appeal was perfected, as required by rule 2 of the rules of the supreme court, or at all.

The motion came on for hearing in this court May 29, 1935, at 10 a. m. At that time counsel for Harold William Merritt, one of the appellants, appeared and presented a motion for an…