Talley v. Goodfellow

On January 13, 1949, respondent filed in this court a notice of motion to dismiss this appeal, which notice was accompanied by a certificate of the clerk of the *130trial court in conformity with rule 42(a) of the Rules on Appeal, and an affidavit of due service upon appellant’s counsel. The clerk’s certificate shows that on December 7, 1948, appellant’s attorneys were notified of the cost of preparing the transcript on appeal and that they made no arrangement for paying such cost. No record has been filed in this court nor has appellant filed any request for relief from default, nor any…