National Surety Corp. v. Williams

THOMAS, Circuit Judge.

This is an appeal from a judgment against the appellant, defendant in the district court, in an action tried to the court without a jury.

At the outset we are confronted with a motion by appellee to dismiss the appeal. The motion as amended is based upon two grounds: (1) That the transcript of the record was not filed within the time provided by law; and (2) that the points and specifications of error filed by appellant are not sufficient to present any question for review.

The situation giving rise to the claim that the appellant was tardy in filing the transcript in this…