Waterloo Savings Bank v. Town of Redfield

At the threshold of the case we are met with a motion to dismiss this appeal on the ground that the abstract of record was not filed within 120 days from the perfecting of the appeal, and no time was extended by this court or a judge thereof, all 'of which is admitted by the appellant. But appellant insists that his abstract was filed September 15, 1930, the motion to dismiss was served December 2, 1930, and during the intervening time he had been to the expense of preparing, printing and filing a brief and argument which was filed November 5, 1930, and that the appellee by his conduct has…