Majority
p. 590No. 244. Monks v. Lee et al. October 12, 1942.
Messrs. L. R. Kirby, Herbert S. Avery, and John Coker for appellant. Mr. William P. Cary for appellees.
The motion to dismiss is granted and the appeal is dismissed on the ground that it does not appear from the record that the appeal was applied for within the time provided by law. § 8 (a), Act of February 13, 1925 ( 43 Stat. 936 , 940), 28 U. S. C., § 350.