Mitchell v. . Melton

Clarx, O. J.

The defendants not having filed the transcript on appeal on 2 September, seven days before entering upon the call of'the docket of the district to which it belonged, as required by Rule 5, the plaintiff filed his motion under Rule 17 to docket and dismiss. But this motion was defective because it was not accompanied by the certificate of the clerk of the court as required by said rule.

The defendants thereupon filed said transcript on the next day, 3 September. The clerk’s certificate to complete the appellee’s motion to dismiss was filed thereafter on 5 September.

When the…