Belk-Simpson Co. v. Hill

’ STEWART, Judge.

Appellee; Lizzie Hill, moves pursuant to CR 73.08.'to dismiss this, appeal for the reason that the. record was not lodged in *370this- Court within sixty days from May 7, 1955, the date of filing the notice of appeal. The record was not filed with the clerk of •this Court until July 13, 1955, whereas July 6, 1955, was the last day.

In seélcing to have appellee’s motion to dismiss overruled, appellant relies upon CR 75.07(4), which reads: “The matter certified under the provisions of Sections (1), (2) and (3) shall constitute the record on appeal and shall be transmitted by the…