Melton v. Gross & Janes Co.

KENNON, Judge.

On.Motion to Dismiss Appeal

Plaintiff, appellee, has filed in this Court a motion to dismiss defendant’s appeal oni the ground that the appeál bond was not filed until February 7, 1950, “one day after-return date of the appeal.”

The minutes of court show that the appeal was made returnable “on or before-February 6, 1950.” The transcript was filed in this Court on February 8, 1950.'. Defendant in brief admits that the appeal bond was not filed until February 7, 1950, one-day after the return date, but asked that the motion to dismiss the appeal be denied in view of the three days…