General
Will AVERY, Plaintiff in Error, v. UNITED STATES of America, Defendant in Error; W. T. RICHARDSON and Harrison C. Joiner, Plaintiffs in Error, v. UNITED STATES of America, Defendant in Error
294 F. 1015·United States Court of Appeals for the Fifth Circuit·1923
Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.
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Opinion
Will AVERY, Plaintiff in Error, v. UNITED STATES of America, Defendant in Error. W. T. RICHARDSON and Harrison C. Joiner, Plaintiffs in Error, v. UNITED STATES of America, Defendant in Error.
(Circuit Court of Appeals, Fifth Circuit.
October 11, 1923.
Rehearing Denied December 12, 1923.)
Nos. 4056, 4057.
In Error to the District Court of the United States for the Southern District of Georgia.
John R. Cooper, of Macon, Ga. (W. O. Cooper, Jr., of Maeon, Ga., on the brief), for plaintiffs in error.
Chas. E. Donnelly, Asst. U. S. Atty., of Macon, Ga. (F. G. Boatright, U. S. Atty., of Cordelo, Ga., on the brief), for the United States.
Before WALKER and BRYAN, Circuit Judges, and GRUBB, District Judge.
Certiorari denied 44 Sup. Ct. 332, 68 L. Ed. —.
[MAJORITY — PER CURIAM.]
PER CURIAM.
In this case the citation was signed October 28, 1922, bat the transcript of the record was not filed in New Orleans until March 21, 1923. The defendant in error mores to dismiss for failure to comply with paragraph 5 of rule XIY of the rules of this court;, which, requires transcripts to be filed within 30 daj^s from the day of signing the citation. The motion is granted, and the writ of error is dismissed.