Gemmell v. Collins

This is a motion to dismiss plaintiff’s appeal for the reason that the transcript of record on appeal in said cause has not been filed within the time prescribed by Rule 26 or any extension of time as prescribed by Rule 28 (176 Pac. xix) of this court!

The motion is based upon a certificate of the clerk of the district court of the fifth district, for Bannock county, wherein such clerk certifies that a money judgment was obtained against the plaintiff and appellant in the sum of *417$525 on the 9th day of December, 1921; that a notice and an undertaking on appeal were filed in said cause on March…