Hamner v. Sibley

LAWS'ON, Justice.

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

The appeal was taken on May 9, 1953, from an interlocutory decree under date of April 11, 1953. Certificate of appeal reached this court on July 9, 1953, but the transcript was not filed until October 25, 1954.

On October 6, 1954, after two calls of the division had passed and no transcript had been filed, appellee filed his motion to dismiss the appeal, which motion contained a certificate to the effect that a copy of the motion had been served on one of appellant’s attorneys.

Submission here was on…