Morrison v. Finch

GIVENS, J.-

Respondent moves to dismiss the appeal on four grounds. First, ‘£ That the transcript of the record was not filed in this court within ninety days after the appeal was perfected, as required by rules 26 and 28 of the Supreme Court of the State of Idaho.”

From the affidavits it appears that the failure to file the transcript within the time prescribed by rule was due to a mistake on the part of the clerk of the court because he had miscalculated the ninety day period, beginning on June 10th, as ending on September 10th and that copies of the transcript were deposited in the…