HILARY D. McBOURROUGH, Appellant, v. TOM BEON NIMLEY, Appellee.

MOTION TO DISMISS APPEAL. Argued April 7, 1960. Decided May 6, 1960. Where an appeal has not been completed within the statutorily prescribed period of time the Supreme Court will not consider the alleged illness of the clerk of court and inexperience of the assistant clerk as sufficient grounds for denial of a motion to dismiss the appeal. On appeal from a judgment in an action for specific performance of a contract, motion to dismiss granted. Michael M. Johnson for appellant. A. Gargar Richardson for appellee. MR. JUSTICE Court.* PIERRE delivered the opinion of the The appellant herein, being dissatisfied with a judgment rendered against him on April 3o, 1959, appealed therefrom to the Supreme Court sitting in its October, 1959, term. When the case was called during the present term it was alleged in a motion which the appellee had filed to dismiss the appeal that, whereas the appellant should have completed the jurisdictional steps necessary to the completion of his appeal within 6o days, under the provisions of our statutes as construed in a long line of opinions of this Court, the notice of completion of appeal was not filed and returned until October 3, 1959, quite 156 days after the date of his appeal. An inspection of the records reveals that the foregoing allegation set forth in the motion to dismiss the appeal is true in every respect. The appellant has not attempted * Mr. Justice Harris was absent because of illness and took no part in this case. LIBERIAN LAW REPORTS 15 to establish that his appeal was completed within time, but claims that the clerk was ill and his assistant was inexperienced. We are not of the opinion that this excuse warrants attention under the circumstances, and have therefore granted the motion. The appeal is dismissed with costs against the appellant. Motion granted.