
    Tennessee Central R. R. Co. v. Reeves’ Admr.
    (Decided May 3, 1911.)
    Appeal from Christian Circuit Court.
    Though the 'bill of exceptions is ’delayed, by appellee, the appeal will be dismissed with damages, if the record is not filed in ■time, unless the time is extended.
    JAMES >0. COOK and HESTER .& AliDENiSWOlRTEC for appellant.
    DOfWlER & RUSSEiLI, for appellee.
   Opinion op the Coitet by

Chiep Justice Hobsoh

Motion sustained.

' It is incumbent on appellant to have the time for filing the' record extended when the bill of exceptions was not filed, although it was delayed by appellee. The time having expired and the record not having been filed, the appeal, nnder the statutes, must be dismissed with damages.

Motion sustained.  