Faust v. Baker

RICE, Judge.

This appeal was submitted on “Motion and Merits.” The “motion” is one, duly filed, to dismiss the appeal, based on two grounds: One, that no citation of appeal was issued to and served on appellee in accordance with Code 1940, Title 7, Section 801; and, two, that the transcript of the proceedings below was not filed in this court within the time prescribed by Code 1940, Title 7, Section 769, or by Supreme Court Rule 41, Code 1940, Tit. 7 Appendix.

As for the second of the above grounds, the provisions of Code 1940, Title 7, Section 770, are, among other things, that “the appellate…