Benecke v. Boyer

The appellee filed a motion to dismiss the appeal on the ground that appellant failed to file the transcript of the evidence within thirty days after filing the notice of appeal, and failed to apply to the trial judge for an extension of time for filing the transcript. The record is witness to the truth of the facts asserted in the motion and shows that the trial judge did not exercise his discretion by entering an order granting an extension. See Code Ann. §§ 6-804, 6-806.

Bell, P. J., Jordan and Pannell, JJ., concur. Argued January 6, 1967 Decided January 25, 1967. George & George, William■…