Mullenix v. Fairfield National Bank

The notice of appeal was served on Jannary 6, 1925. The abstract was filed in the office of the clerk of this court on July 28, 1925. The appellee moves to dismiss the appeal, or affirm the judgment, because the abstract was not filed in time.

A regular term of this court began on January 13, 1925, another on May 5, 1925, and the third on September 22, 1925. Section 12847, Code of 1924, is as follows: •

“An abstract of the record shall be filed in the office of the clerk of the Supreme Court thirty days before the second term after the appeal was taken. If the abstract is filed fifteen days…