MALLARD, Chief Judge.
Plaintiff's appeal was not docketed within the time permitted by the rules of this court, and no extension of time was granted. However, we deny defendant's motion to dismiss, treat the appeal as a petition for a writ of certiorari, allow it, and consider the case on its merits.
The evidence was conflicting. Plaintiff's evidence tended to show that he was injured by the actionable negligence of the defendant, and defendant's evidence...
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