Keller v. Hatfield

Appellee, on July 14, 1945, filed his motion to dismiss this appeal for the reason the assignment of errors and transcript of the record were filed in this court more than 90 days after the trial court overruled appellant’s motion for a new trial. Appellant has not filed a brief or other answer in opposition to this motion.

The record discloses that after judgment the trial court overruled appellant’s motion for a new trial March 13, 1945. The assignment of errors and transcript were filed in this court on June 13, 1945, ninety-two days after the ruling on the motion for a new trial. Appellant…