Shrode

This is a motion to dismiss an appeal on the ground that the appellants “have failed to complete their record on appeal within the time required by law”.

Although the appellants were given twenty-five days’notice of the date of the hearing of said motion, they failed to file, or to offer to file, any objection thereto until the morning of the day on which said motion had been noticed for hearing, at which time they offered to the clerk of this court for filing herein an affidavit and certain authorities which purported to relate to and be in opposition to the granting of said motion. Under the provisions of section 3 of Rule XX of this court, in the absence of an order by which the time of serving and filing “opposition to the motion” may be shortened, the said affidavit and authorities offered by the appellants in said matter were presented too late, and consequently were properly refused filing by the clerk of this court. Nor does the record herein disclose either that any motion by appellants to be relieved from their default in that particular was ever presented to this court, or even the existence of any extenuating fact or circumstance which might tend to excuse the said…