Riggs v. Bartlett

Appellant on December 9, 1955 tendered his transcript for filing in this Court, and the Clerk refused to file same on the ground *670that the appeal bond was not tendered in time. Appellant then filed motion in this Court to require the Clerk to file the transcript; and the motion having been sustained on December 20, the record was filed as of December 9, the date it was tendered.

Thereafter on December 22, 1955, ap-pellee Dallas Brick & Lumber Company filed a motion to dismiss the appeal on ground that the appeal bond was not filed until 34 days after motion for new trial was overruled “by…