Friend & Terry Lumber Co. v. Devine

PREWETT, J.,

pro tem.—The respondent moves the court to dismiss the appeal taken herein, upon the ground that appellants did not cause the transcript on appeal to be filed with the clerk of this court within the forty days allowed by rule for that purpose.

Judgment was rendered against the appellants on April 14, 1919, and the appellants in due course filed their notice of appeal, caused the transcript to be prepared and paid all lawful fees therefor. The court below properly settled and certified the transcript. The time for filing it in this court expired on the tenth day of September. It was…