Pike v. City of Stuttgart

The city of Stuttgart initiated proceedings to annex certain territory. Appellants, in the county court, protested annexation. The complaint was dismissed June 15, 1939. Within thirty days one of the appellants filed affidavit and prayer for appeal. The appeal was granted. Transcript was lodged with the circuit clerk August 4, 1939.

The city moved to dismiss, insisting that the applicable statute required filing of the transcript within thirty days. Facts were stipulated. The court ruled with the city. This appeal is from the order directing that the appeal be dismissed.

Appellee maintains that…