MITCHELL v. AUSTIN

1 Div. 672.

94 So.2d 391 (1957)

Joseph MITCHELL v. William G. AUSTIN, Jr., as Trustee, et al.

Supreme Court of Alabama.

Rehearing Denied April 25, 1957.


Attorney(s) appearing for the Case

D. R. Coley, Jr., Mobile, for appellant.

Frank J. Tipler, Jr., Andalusia, for appellees.


SIMPSON, Justice.

Before proceeding to a consideration of the case on the merits, a construction of Supreme Court Rule 37, Code 1940, Tit. 7 Appendix, is necessary to determine whether the transcript should be permitted to be filed. The case is in equity. The appellant, pursuant to Supreme Court Rule 37, applied to the lower court for a thirty-day extension of time within which to file the transcript in this court. The trial...

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