Kabell v. Kabell

Rinee, Justice.

This case is undertaken to be brought here by direct appeal from an order made by the District Court of Uinta County on May 7, 1930. The record prepared for use on the appeal was filed in that court on May 12, 1930. It was not filed in this court until September 22, 1930 — a matter of 133 days later. Respondent has presented her motion to dismiss the appeal because of this delay in perfecting the proceeding. In support of the motion she submits the affidavit of the clerk of the District Court aforesaid, to the effect that the reason the record was not sent here by the clerk as…