Opinion
6 Div. 268.
January 12, 1922.
Appeal from Circuit Court, Blount County; W. J. Martin, Judge.
G. W. Darden, of Oneonta, for appellant.
Russell Johnson, of Oneonta, for appellee.
The appeal was taken March 8, 1920. The certificate of appeal was filed here January 13, 1921, and with it was filed appellee's motion to dismiss the appeal. The transcript was not filed until April, 1921, and no excuse offered for the delay. On the authority of Porter v. Martin, 139 Ala. 318, 35 So. 1006, Southern Ry. Co. v. Abrahams Bros., 161 Ala. 317, 49 So. 801, and Supreme Court rule 41 (32 South. iv), the motion to dismiss the appeal is granted.