Smith v. Wall

This is a motion to dismiss an appeal from a judgment rendered by the superior court, on the ground that the transcript of the record was not filed within the time prescribed “by law.”

By section 1 of Rule I of the rules of the supreme court and the district courts of appeal it is provided that, in a civil action, within forty days after an appeal is perfected the appellant must “serve and file the printed transcript of the record. ...” If “not filed within the time prescribed, the appeal may be dismissed, ...” (See. 1, Rule V.)

Prom the affidavit presented in support of the motion herein it…