State v. Schirmer

TAYLOR, Justice.

The respondents have moved to dismiss the appeal on the ground that the transcript was not served upon their attorney as required by section 19-2812, I.C. This section requires that the transcript be served by the attorney for appellant upon attorney for respondent within ten days after receiving copies thereof from the clerk, and that proof of service be filed with the clerk of the supreme court. After this motion was made, the proof of service was filed with the clerk of the supreme Court almost seven months after the service was made and after the cause was set for hearing…