Moore v. Montgomery Ward & Co.

Judgment was rendered and entered in the circuit court in favor of appellee on September 29, 1933. A motion for a new trial was made during the term, and, on October 10,1933, also during the term, the motion was overruled, and an order was entered on the same day to that effect. On April 4, 1934, an appeal was taken to this court, which was more than six months after the rendition of the initial judgment, but was less than six months after the entry of the order overruling the motion for a new trial. Appellee has moved the court to dismiss the appeal, because not taken “within six months next…