Watkins v. Kelley

SIMPSON, Justice.

This is an appeal from final judgment and a ruling on the motion for a new trial. Appellee moves to strike the reporter’s transcript on the ground that it was filed too late. The appeal was taken on June 12, 1954. The transcript was filed with the clerk on September 28, 1954. Movant contends that there is a conflict between Supreme Court Rule 48, Code 1940, Tit. 7 Appendix and Act No. 886, General Acts of Alabama 1951, p. 1527. If such conflict exists, the act of the legislature must control such a status. Ex parte Foshee, 246 Ala. 604, 21 So.2d 827.

Transcripts of the…