Gaudin Motor Co. v. Prieth

OPINION

Judgment was filed July 11,1958, notice thereof served July 16, and notice of appeal, designation of contents of *302record on appeal and appeal bond served and filed July 21. On September 16 appellant filed the record on appeal, the motion for extension of time to file the record and its opening brief on the merits. On September 17 respondent served his motion to dismiss the appeal. The clerk of the district court was unable to complete the preparation of the record on appeal before September 1, 1958, the last day for docketing under the rule, and actually certified the record September…