Wenzel v. National Refining Co.

Appellee filed motion to dismiss or affirm this appeal for the reason that the assignment of errors and transcript of the record were not filed in this court within ninety (90) days after judgment was rendered or the court’s overruling appellant’s motion for new trial. The appellant has not filed any brief with the court or answer in opposition to the motion.

The record discloses that judgment was rendered in this case by the lower court on December 3, 1952; that appellant’s motion for new trial was overruled on Feb ruary 19, 1953; that the transcript and assignment of errors were not filed in…