Stroup v. Howe

A motion to docket and dismiss under Rule 33 has been filed by appellee. It is conceded that a statement of proceedings and evidence was not filed within the time limited by Rule 27(g) and that no application for extension of time was made to, or granted by, the trial judge.

It appears from the certificate of the clerk of the trial court accompanying the motion that judgment against appellant was entered on September 30, 1942; that timely notice of appeal, designation of record, and statement of errors were filed; that the time for filing the statement of proceedings and evidence expired on…