Jaritas Live Stock Co. v. Spriggs

This cause is before us on a motion to dismiss the appeal and involves construction of sections 1 and 5 of rule 5 of this court, which sections are as follows:

“1. Within three months from the entry of any final judgment in any civil action any party aggrieved may appeal therefrom to the Supreme Court.”

“5. Appeals, as provided by law, shall be allowed upon written application to and the order of the district court in which the judgment is rendered.”

The parties agree that “three months,” as used in the foregoing section, means three calendar months (62 C.J. 970); also, that the motion for…