Campbell v. Sowell

KNIGHT, Justice.

This cause was submitted on motion to dismiss the appeal, and on its merits.

The movant takes the position that there has been a discontinuance of the case, due to the long delay in filing a certificate of appeal and the transcript in this court.

The decree was entered in the cause on October 30, 1933; the security for the cost of the appeal was filed and approved on November 16, 1933; and the transcript was not filed here until January 12, 1935. The certificate of appeal was not filed in this court until January 11, 1935.

Submitted along with the motion are the affidavits of the…