Estep v. Tuck

In- this case a motion to dismiss the appeal has been filed upon the ground that the record was not transmitted to this Court within the time prescribed by Article 5, see. 33 of the-Code of 1904, relating to appeals from Courts of Equity.

By that section it is provided that: “All transcripts of records on appeals from Courts of Equity, shall he made and transmitted to the Court of Appeals within three months from the time of the appeal prayed.”

The appeal in this case was entered on April 15, 1908, and the record was received by the Clerk of this Court on October 1, 1908, or live and one-half…