ARK.1 NOWLIN V. MERCHANTS NATIONAL BANK. 52P NOWLIN V. MERCHANTS NATIONAL BANK. 4-4250 Opinion delivered March 30, 1936. COURTS.—One appealing from a judgment of municipal court must lodge the transcript with the circuit court clerk within 30 days to give the circuit court jurisdiction. It is the duty of the party appealing to see that the transcript is lodged in the time limited; and a broken promise of the clerk of the municipal court to file it in apt time does not entitle him to an extension of the time. Act 203, 1921, p. 259.
5 . 30 NOWLIN: V. MERCHANTS NATIONAL BANK., ' [192 . Appeal•from Sebastian Circuit; Court,.:Fort Smith District; J. Sam Wood ., Judge . ; affirmed. , 7 J..Allen-Eades, for . appellant • : - Sim,Mons & aPPelleel MelfiiN y , J. Appellee obtained a judOnent:against appellant in the municipal Court of Fort Smith on April 12, 1935: An affidavit for appeal ,was filed With the Clerk of said court , and the fee ; for making:the , transcript i,v4 paid APril 20, 1935. The , clerk , of said court:promised to file the transcript with the cirCuit clerk,htit fai]ed tO do so Within thirty days. , The appeal WaS perfected,1\Iay 31, More than th . irty claYs f - r . om 'the date O f ' the jOde:- Ment. ; Pn motion of appelle , e the , appeal was " ,•••• • disn.li*s0 bY order of the circuit court, and this action ofthe court is questioned' by' this appeal.:", In: 1921 the':tegislatiire passed an act ,(ActS 1921, p.259) . .fpr , th'6, establiShment and regulation , Of innnicipal , .couris: in - : 'citieS ' ' haling a popalation exceeding 25,000, and under 50;000 according to the latest census, which classification ;includes •Fort Smith. :Section 6,, of. said act, reads as follows: , appeals from the , municipal (courtsmust be taken .and the transcript lodged in , the office othe clerk ; of,,the , circuit court within, thirty days after judgment is rendered, :and not thereafter It will be noticed that the : apP'eal musf be . taken : and the transcript lodged with the circuit clerk "within thirty daYs after judknient is rendered : and not . thereafter." This requirement is mandatory and is jurisdictional. Unless it is complied with, the circuit court is without jurisdiction. We so held in Lovelcund v. State Pharmacy, 123 Ark. 320, 185 S. W. 288. 'Persons desiring to appeal from the municipal courts affected by said act 203 of 1921 must see to it that their' 'transcripts are lodged in the time limited, and they cannot have . an extension of the time by reason of a 'broken promise of the clerk of the munielparconrt to attend to it within . apt time.' ; The judgment is c9rre4, and Must be affirraed:
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.