Hall v. McKinnon

(after stating the facts as above).

The defendants in error interpose a motion to dismiss the writ of error on the ground that the record was not filed in this court by or before the return day, and the time for filing the record was not extended by the judge who signed the citation, or by a judge of this court, as required by rule 16 of this court (150 Fed. xxix, 79 C.C.A. xxix). The motion is purely technical and without merit.

It appears that Judge Lyons of the District Court of Alaska, Fourth Division, tried the case at Fairbanks, and signed the citation, and, from time to time, made orders *730…