Fritz v. Eller

Quillian, Presiding Judge.

These two appeals involve the same case. In 58622 the plaintiff appeals from a judgment for the defendant and the subsequent overruling of his motion for new trial. In 58770 appeal was taken from the denial of plaintiffs motion to extend the time for filing the transcript and proceedings. Held:

1. By brief to this court in 58770, counsel for plaintiff has stated "the Court Reporter was able to complete and file with the Court the parts of the Transcript which contained the only errors which appellant is complaining of.” This renders the appeal in 58770 moot.

2. Since…