Marx v. Lining

KNIGHT, Justice.

At the threshold of this case we are met with a motion to dismiss the appeal, upon the ground that the appeal was taken on the 9th day of April, 1935, and the transcript was not filed in this court “within sixty days from the taking of the appeal.”

Rule 41, Supreme Court Practice, requires that in all cases, civil or criminal, appealed during the term, unless the transcript is filed with the clerk of this court no.t later than the first day of the first week of the term during which the case is subject to call in this court, the appeal shall be dismissed at the cost of…