Botna Valley State Bank v. Cary

— The judgment in this casé was entered September 16, 1927. The appeal was perfected October 18, 1927. The abstract was filed in this court February 23, 1928. A motion is filed to affirm or dismiss on the ground that the abstract was not filed in time.

The statute, Section 12848, Code of 1927, provides that, if the abstract is not filed within 120 days after the appeal is taken and perfected, unless further time is fixed by the court or judge, upon a proper showing the appeal “upon motion shall be dismissed, or the judgment or order affirmed.” When the time is computed, under the statute, it…