Shiver v. Phillips-Boyd Publishing Co.

BRICKEN, J. In this case, the appellee, Phillips-Boyd Publishing Company, obtained judgment against the appellant, Gus Shiver, on the 21st day of September, 1915, in the circuit court of Coffee county, in this state. The appellant sued out an appeal from this judgment on the 20th day of September, 1916. Certificate of appeal was filed in this court September 22, 1916. The case is now submitted on motion of appellant to dismiss his appeal and on motion of appellee to affirm on certificate. The motion of the appellant states that “he does not desire to further prosecute his appeal,” and to this motion the appellee objects, and makes motion under rule 32 of the Supreme Court for an affirmance of the judgment on the certificate. (1) It affirmatively appearing that this appeal was not taken in the time required by law, this court is without jurisdiction to consider same other than to dismiss the appeal, which is accordingly done. — Code 1907, § 2868; Acts 1915, p. 711, § 1. Appeal dismissed.