Clyde v. Clyde

Respondent, on February 13, 1948, filed in this court a motion to dismiss the appeal taken by defendant from a judgment entered September 25, 1947. The certificate of the clerk of the trial court, which is relied upon in support of the Motion, shows that notice of appeal was filed November 20th, notice to prepare transcript filed December 1st, estimate of cost of preparing transcript given to county clerk December 4th, and copy of same mailed to attorney for defendant on said date, all in 1947; but that on the date of the certificate, February 11, 1948, payment of the estimated cost had not…