Gates v. Todd Commercial Co.

Respondent has moved to dismiss the appeal in this case upon the ground that the transcript was not filed in this court within the 90-day period prescribed by Rule 26, or any extension thereof as provided by Rule 28.

The motion to dismiss -is based upon the certificate of the clerk of the district court, from which it appears that the appeal was perfected on Oct. 23, 1922, and that the reporter’s transcript was settled by the trial judge on January 29, 1923. It further appears that the completed transcript was filed in this.court upon January 31, 1923, or just 100 days after the appeal was…