Continental Investment Corp. v. Cherry

In my view of the matter the Supreme Court has construed the provisions of Art. VI, Sec. II, Par. V, of the Constitution (Code Ann. § 2-3705) wherein it is provided that "No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay,” applying the provision to appeals under the Appellate Practice Act and holding that delay occasioned by appellant’s failure to pay the costs to…