Howard v. Paschal

Gould, Associate Justice.

This appeal was returnable to the last term of this court, but the transcript not being tiled, the appellees tiled, during the time appropriated to the assignment, a certificate for affirmance. Opposition was filed to the affirmance, and a motion was also made for leave to file the transcript, then being prepared. The appellees appeared and resisted the latter motion, but, by order of court, the transcript was filed on May 26, long after the time for the assignment had passed, and at a time when counsel for appellees were not in attendance on court. Subsequently the…