Canon v. Canon

Hall, Justice.

This is an appeal from an order of the trial court dismissing a notice of appeal to a divorce and child support judgment in favor of the wife appellee. The dismissal was for failure to file the transcript within 30 days or obtain an order within this period for an extension of time. See Code Ann. §§ 6-806 and 6-809.

The record shows that the notice of appeal was filed in the clerk’s office on August 23, 1974, and that the application for extension was filed on October 2, 1974. The appellant’s attorney filed an affidavit in opposition to the motion to dismiss stating that some…