Jaeger v. Cullen

CODY, Justice.

This case was submitted on October 26, 1944, after due notice, and is before the Court on the transcript, appellee’s brief, in which dismissal or affirmance is urged, and appellants’ motion for continuance. The records of this Court in this case reflect:

The transcript was filed July 20, 1944. A motion to extend time to file a statement of facts was filed at the same time. Time was extended through September 3, 1944.

On September 1, appellants tendered a statement of facts which the clerk declined to file on three grounds: (1) The statement of facts had never been filed in the…