Danna v. Yazoo M v. R. Co.

TALIAFERRO, Judge.

Defendants appealed suspensively from a judgment rendered against them. September 1, 1933, was the return day for the appeal. The record was received by the clerk of this court several days prior to the return day, but was not filed by him because the advance deposit of $5, authorized by law and required by our rule No. 3, had not been paid. This deposit was made by defendants’ attorneys on September 7th and the record then duly filed. Plaintiff, on March 7, 1934, filed motion to dismiss the appeal because of the tardy filing of the record here, alleging, as is true, that…