Smith v. Stewart

CATES, Judge.

Smith, who was plaintiff below, appeals from a judgment denying his motion for new trial. The record on appeal was filed here August 2, 1960. It should have been here August 1.

The record before us contains no order of the trial judge which would have the effect of “extending the time for filing transcript,” nor has such an order been filed separately in this court. Nor has any request for extension been made to us.

Mrs. Stewart moved, on August 30, that we (1) strike the “transcript of evidence,” and (2) dismiss the appeal and affirm the judgment of the lower court. Mrs. Stewart…