Agricola v. Wimberly & Thomas Hardware Co.

HARWOOD, Presiding Judge.

This is an appeal from a judgment in favor of the appellee (plaintiff below) rendered in the Circuit Court of Etowah County-

This appeal was submitted in this court upon the appellee’s motion to dismiss the •appeal, and on the merits.

The motion to dismiss is upon the ground that appellant’s brief was not timely filed. It affirmatively appears that the record was filed in this court on 30 August 1960, and appellant’s brief was filed on 6 October 1960, some 37 days after the filing of the record. No extension of time for the filing of briefs was sought.

In all civil…