Gerken v. Davidson Grocery Co.

GIVENS, J.-

— -The respondents move to dismiss this appeal because the transcript was not filed within the time granted by such extensions as were secured. Under the last extension, the transcript was clue May 26, 1929. The transcript was filed June 1, 1929.

The only excuse offered for the delay is a general statement by counsel for appellant to the effect that the delay was occasioned by the failure of the clerk to prepare the transcript within the time as extended by this court.

Respondents have filed an affidavit made by the clerk of the trial court to the effect that the transcript was…