Guiles v. Kellar

HYATT, Justice.

Respondent Howard Cooper Corporation moves to dismiss plaintiff’s appeal from final judgment herein, on the following grounds:(1) Appeal not taken and perfected within statutory time;(2) Inexcusable delay in preparation and service of transcript on appeal;(3) Failure to include judgment roll in praecipe and transcript.

Respondent’s first ground is without merit, and is not seriously urged. Notice of appeal was filed June 21, 1947, and served June 23, 1947, all within 90 days after entry of the judgment. Section 11-201(1), I.C.A. Deposit of money in lieu of undertaking under…