Stebbins & Roberts, Inc. v. Rogers

Ed. F. MgFaddin, Justice.

We have here a motion by appellants for a Rule on the Clerk, to require him to file a record tendered on appeal (See Rule 5 of the Rules of this Court, effective January 10, 1954). The Clerk refused the filing, in the belief that the record was tendered too late. Because this is an appeal admitted by all parties to have been attempted exclusively under Act 555 of 1953, we are delivering an opinion to discuss the applicable portions of that Act.

The controversy between the appellants and the appellee involved the validity and superiority of mechanic’s liens claimed by…