Hardy v. Butler

We are confronted with a motion to dismiss the appeal from the judgment and also the appeal from the order overruling -appellant’s motion for a new trial upon the ground that Rules 26 and 28 were not complied with, in that the transcript was not filed and served within 90 days after the perfection of the appeal and no order extending the time within which to file the transcript was made by this court or a justice thereof. The motion to dismiss the appeal from the order overruling appellant’s motion for a new trial is also based upon the ground that the transcript does not contain a…