Pearl v. Weston

— This action is before this court upon motion of respondent to dismiss the appeal upon the ground that the transcript was not served and filed within" ninety days after the perfection of the appeal as prescribed by Eule 26, and that no extension of time was asked for or obtained as provided by Eule 28.

The certificate of the clerk of the district court discloses that the appeal was perfected on December 12, 1922, and at the date of the certificate, March 28, 1923, the transcript had not been settled or lodged. It is appellant’s contention that the failure to file and serve the transcript was…