Five Point Garage v. Purdum

Respondent has filed a motion to dismiss this appeal on the ground that service of the clerk’s transcript was not made on him or his attorney within the time prescribed by C. S., see. 7166, and Rule 23 of this court, namely, 60 days from the date of delivery of the reporter’s transcript.

The record shows that the praecipe was filed in the clerk’s office on January 9th and the reporter’s transcript on January 13th. The reporter’s transcript was served on the attorney for the respondent on January 16th. The completed transcript certified by the clerk was filed in this court within the required…