Snow v. City of Fairfield

SIMPSON, Justice.

This is an appeal from a final decree rendered on June 23, 1953. The appeal was taken in July, 1953, but no transcript was filed until March 17, 1954. Appellee filed a motion to dismiss the appeal on March 6, 1954 because of the belated filing of the transcript. The case was submitted on this motion on March 25, 1954, and appellant made no response.

Under Section 769, Title 7, Code 1940, the transcript should have been filed sixty days after the taking of the appeal. Section 770, Title 7, Code 1940, provides for a motion to dismiss when the appellant fails to comply with…