Miller v. Economy Hog & Cattle Powder Co.

This is the second appeal of this case. See Miller v. Economy Hog & Cattle Powder Co., 228 Iowa 626, 293 N. W. 4. The trial from which plaintiff has taken this appeal resulted in a verdict for defendant. The appeal was perfected on August 11, 1941. Appellant’s abstract was filed in this court on February 9, 1942. Appellee filed its motion under section 12848, Code, 1939, to dismiss or affirm because the abstract was not filed within 120 days after the appeal was perfected, as required by section 12847. Appellant has filed no resistance to the motion, which was ordered submitted with the case.…