On May 20, 1959, the St. Clair Circuit Court, in Equity, rendered a final decree in favor of Evie Alverson et al., against Lewis C. Smith. On June 29, 1959, Lewis C. Smith, the appellant here, took an appeal from the aforesaid decree. The transcript was not filed by the appellant in the Supreme Court of Alabama until September 29, 1959. On the 12th day of November, 1959, the appellees filed with this court their motion to strike the transcript and dismiss the appeal on the ground, among others, that the transcript of the record was not filed within the time provided by laws of the State of Alabama governing such matters.
In Taylor v. Peoples Fertilizer Co., Ala., 117 So.2d 180, 182, this court said:
In view of the fact that no application for extension of time was made in the lower court or in this court, the motion is well taken. Ridgeway v. Lovelady, 268 Ala. 503,
Transcript stricken and appeal dismissed.
LAWSON, MERRILL and COLEMAN, JJ., concur.