State v. Barton

SIMPSON, Justice.

This cause was submitted on motion to dismiss the appeal and on merits.

The gravamen of the motion to dismiss is that the transcript was not filed within the time prescribed by law, thereby requiring a sustention of the motion.

We refer to the provisions of the statute pertinent to the motion to dismiss:

Section 769, Title 7, Code, with respect to equity cases (this is an equity case), requires the appellant to file the transcript in the office of the clerk of the supreme court within sixty days from the date of the taking of the appeal.

Section 770 provides that if the…