ARK.] CAUDLE v. TURNER. 337
CAUDLE v. TURNER. Opinion delivered April 1, 1929. 1. APPEAL AND ERROR-TIME FOR FILING TRAN SCRIPT.-Six months' time allowed for appeal by Crawford & Moses' Dig., § 2140, runs from the rendition of the judgment, and not from the overruling of the motion for a new trial. 2. APPEAL AND ERROR-EXTENSION OF TIME FOR FILING TRANSCRIPT.- The court has no authority to extend the time for filing transcript provided by Crawford & Moses' Dig., § 2140. R. A. Rowe, for petitioner. Petition for rule on clerk to file transcript. Petition denied. PER CURIAM. ! Counsel for appellant invokes a rule against the clerk of the court because he refused to file a purported transcript in the above entitled case. The AS, clerk refused because the transcript was not tendered to him within six months next after the rendition nf the judgment in the circuit court, as required by § 2140 of Crawford & Moses' Digest. Counsel for appellant 'claims ihe delay was occasioned by the 'circuit court in failing sooner to 'overrule his motion for a new trial. The time for appeal rmis from the rendition of the judgment, and not from the overruling of the motion for a new trial. Appeals must be taken within six months, unless *the person applying therefor wa.s an infant 'or of unsound mind at the time of the rendition of the judgment, order or decree. Applicant for the appeal in this . case does not ■come within the exceptions, and no authority is given the court to extend the time. Smith v. State, 48 Ark. 148, 2 S. W. 661 ; Moore v. Henderson, 74 Ark. 181, 85 S. W. 237 ; and Evans v. St. L. I. M. & S. R. Co., 76 Ark. 266, 88 S. W. 994. As applying the rule, see also Chatfield v. Jarrett, 108 Ark. 523; 158 S. W. 146; 'Oxford Telephone Mfg. Co. v. Arkanisas Natibnal Bank, 134 Ark. 386, 204 S. W. 1140 ; and Durben v. Montgomery, 144 Ark. 153, 223 : S. W. 17. The motion for the rule will therefore be denied.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.