State Ex Rel. Brooks v. Fidelity & Deposit Co.

A motion has been made by the appellee to dismiss this appeal on the grounds that the appeal was ndt taken within sixty days counting from the ruling of the court on the demurrer, and that “if the appeal is intended' to be from the judgment of March 31st, 19-24, the record shows that this judgment was for costs following the judgment sustaining a demurrer, .and that such- appeal is without merit.” It is too late to question that the time for the appeal is counted from the judgment on the demurrer, and not from the ruling of the court; and that the judgment on demurrer was an adverse…