4 N.W.2d 379 | Iowa | 1942
This is the second appeal of this case. See Miller v. Economy Hog Cattle Powder Co.,
Code section 12847, requiring the abstract to be filed within 120 days, is mandatory and must be complied with in order to invoke the jurisdiction of this court. While we have authority to waive our own rules under proper circumstances, we are not authorized to waive a statutory requirement such as this. No extension of time within which to file the abstract was asked for or granted. The abstract was not filed until about six months after the appeal was perfected. Some of the cases which support our conclusion are: Herrold v. Herrold,
We may add that, for reasons which need not be mentioned, we have carefully considered the merits of the appeal. Five of the six assigned errors complain of the instructions to the jury. We find no reversible error in the instructions in any of the respects charged. The remaining assignment of error challenges the sufficiency of the evidence to sustain the verdict. A review of the evidence discloses that the verdict has sufficient support.
Appellee's motion to dismiss appeal is sustained. — Appeal dismissed.
*1371All JUSTICES concur.