PFAFF, C.J.
The appellee has filed a motion to dismiss this appeal for reason of appellant's failure to comply with Rule 2-2 of the Rules of the Supreme Court of Indiana.
The record discloses that appellant's motion for a new trial was overruled on the 28th day of May, 1955. In accordance with said rule appellant's time expired for filing his transcript of record and assignment of errors within ninety (90) days from the 28th day of May, or August 26, 1955...
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