Carmack v. OGLETHORPE COMPANY

Felton, Chief Judge.

The notice of appeal was filed on October 18, 1965, the transcript of evidence was filed in the trial court on July 18, 1966, and the case was docketed in this court on July 19, 1966. Appellee filed a motion to dismiss the appeal on the ground that the transcript of evidence was not filed within 30 days after the filing of the notice of appeal, as required by Code Ann. § 6-806 (Ga. L. 1965, pp. 18, 26, Appellate Practice Act of 1965, § 11).

Under the provisions of Code Ann. § 6-804 (Ga. L. 1965, pp. 18,21) the time for filing the transcript of evidence may, without motion…