Varnell v. Babin

Judgment in this case was signed on April 9, 1942. Application for new trial was overruled and orders of appeal, devolutive and suspensive, on plaintiffs' application were entered in open court July 27th. September 15th was fixed as return day. The appeals were perfected by providing bond therefor on July 31st. Transcript of appeal was received in this court on October 16th but was not filed until November 13th.

Appellee has moved to dismiss the appeal because the transcript was not filed here on or prior to the return day nor within the three-day grace period thereafter; no extension of time…