Schmershall v. Foster

GIVENS, Commissioner.

— Respondent moved to dismiss the appeal in this case because the transcript was not filed or served within the time allowed by Rule 26, and no extension of time had been secured under Rule 28 of this court, effective February 25, 1920. The appeal was perfected February' 21, 1921, when the rules of February 25, 1920, were in effect, which gave the appellant sixty days after the settlement of the reporter’s transcript within which to file the record on appeal. The reporter’s transcript was settled and allowed February 13, 1922, and the transcript was filed in the supreme…