Town of Kentwood v. Fendlason

Statement of the Case.

MONROE, C. J.

Defendant having been convicted, on March 20, 1917, in the mayor’s court, of a breach of the peace and fined $10, took an appeal, but did not lodge the transcript in the district court until April 5th, following, and the town attorney moved to dismiss the appeal, on the ground that it was so lodged after the expiration of the delay allowed by law, which motion having been overruled by the district court, and the town having no other recourse, we are asked to review that judgment. The relator alleges that, on *903the trial of the motion to dismiss, the judge…