*1 194 & GAGE COMPANY D. MACHINERY
43458. G. et al. v. HARDY Machinery Gage v. Hardy, & 118 Judge. In D. Co. G. Hall, denied 852), appellee’s this court (162 App. 45 Ga. SE2d relying upon the 1968 amend appeal, to dismiss the motion 1074) Appellate Practice pp. 1072, to the (Ga. 1968, ment L. The upon the merits. the case 1965, of and decided Act Machinery Gage (Hardy v. D. & G. Supreme reversed Court Garrett, Fahrig v. citing (165 127)), Ga. SE2d 224 818 Co., 126). (165 224 SE2d Ga. 817 the judgment of is and the judgment vacated, of this court
The this court. judgment of Supreme is made the Court J., Hall, concur. J., J., and Appeal Bell, Quillian, dismissed. P. specially. also concurs February 26,1969.
Decided Fine & n for Block, Block, Jr., appellant. A. J. for Miller, Corry, Jr., Dennis, Cadenhead & Robert E.
Nall, appellees. concurring specially. Judge,
Hall, why— is not to reason
Ours appeal dismiss is to the Ours sigh— Upon a and technicality “Fiat Ruat Coelum.” Justitia v. 44273. THE CALLOWAY STATE. Judge. Appellate (Ga. “The Practice Act of 1965 L. Whitman, 26) pp. amended, of 1965, 21, requires transcript as the 18, filing days to be filed within after the of the evidence 30 6-806) appeal application of Ann. or an must notice {Code § for an of period be made within that extension time for such (Code 6-804). filing Ann. This court has held repeatedly § provisions mandatory this Act and that of are unless the Davis, v. complied appeal with must be Davis the dismissed. (151 123); McElreath, Threatt 222 v. Ga. Ga. 579 SE2d 223 (154 Fleming Sanders, 20); and v. 172 SE2d 223 Ga. 153