Martel Apparatus Co. v. Lafayette Sugar Refining Co.

On Motion to Vacate Order of Extension and to Dismiss.

OVERTON, J.

On May 15,1924, an appeal was granted herein to plaintiff, and the return day was fixed for July 10, 1924. On the return day, on motion of counsel for appellant, supported by an 'affidavit, an order was granted by this court extending the return day to September 10, 1924. The validity and sufficiency of this order is not questioned. However, appellant did not file the transcript on September 10th, but on that day made application through its counsel, supported by an affidavit made by the deputy clerk of the lower court, for a…