Barbash v. Pitt

ON MOTION TO DISMISS AND STRIKE

Defects and omissions in transcript or return may be either expressly or impliedly waived. 3 Cyc. 147.

Right to move to dismiss is waived if extension of time for filing brief is asked for and received. Miller v. Walser, 42 Nev. 497.

Certificate need not be framed in exact language of statute. It is sufficient if it affirms that all proceedings are included. 3 Cyc. 109.

Motion to dismiss sixty days after filing transcript is too late. Miller v. Walser, supra. Record, and particularly bill of exceptions from order denying motion for new trial, was not filed within…