Bowman v. Phillips Petroleum Co.

PRICE,' Chief Justice.

On the 5th day of June, 1940, appellant filed herein a motion for extension of time to file the transcript. On the 6th day of June we entered an order granting this motion, and the transcript was filed by the Clerk on that day. This action was inadvertently taken before appellee had received notice of the filing of appellant’s motion. On the 7th day of June, 1940, appellee filed an answer to the motion of appellant, and in such answer sought to have the appeal dismissed.

As grounds for filing the transcript appellant’s motion is as follows:

“I. That the deputy district…